Conspiracy against rights

Conspiracy against rights is a federal offense in the United States of America under 18 U.S.C. § 241:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person [...] in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.[1][2]

Common Law Intent Requirement

The Supreme Court held that a conviction under a related statute, 18 U.S.C. §242 required proof of the defendant's specific intent to deprive the victim of a constitutional right. [3] In United States v. Guest, the Supreme Court read this same requirement into §241, the conspiracy statute.[4]

gollark: Markdown bad because markdown unparseable.
gollark: ++delete <:Thonkdown:433149076721238016>
gollark: Add the emoji already¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡
gollark: Yes it is.
gollark: Can moderator™s add emojicons?

References
  1. United States Department of Justice, "18 USC 241" Archived December 15, 2007, at the Wayback Machine. Retrieved December 8, 2007.
  2. Federal Bureau of Investigation, "Civil Rights Statutes" Archived September 14, 2010, at the Wayback Machine. Retrieved December 8, 2007.
  3. Screws v. United States, 325 U.S. 91 (1945). https://supreme.justia.com/cases/federal/us/325/91/ RET. 09/15/2018 15:07 CST.
  4. United States v. Guest, 383 U.S. 745 (1966). https://supreme.justia.com/cases/federal/us/383/745/ RET. 09/15/2018 15:08 CST.


This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.