18 U.S.C. 242 is a federal criminal civil-rights law directed at willful deprivation of protected rights under color of law. It often concerns misuse of official authority. A civil-rights violation and a prosecutable section 242 offense are related but do not have identical proof requirements. [1]
Elements and penalties
Ordinary individual fine ceilings are $100,000 for the basic misdemeanor and $250,000 for felony tiers, apart from applicable alternative-fine authority. [2] The basic maximum is one year. Bodily injury or specified dangerous means can raise it to ten years; death and specified aggravated conduct can permit life or death. Prosecutors must establish the protected right, color of law, and statutory willfulness, not merely negligence or poor judgment. [1]
“Color of law” can include misuse of authority; the question is not simply whether the official followed agency policy. Conversely, every private assault is not automatically a section 242 offense. The statute’s higher tiers expressly turn on bodily injury, dangerous means, death, or specified aggravated acts. A report should identify the underlying constitutional or federal right and preserve the evidence showing intentional deprivation. [1]
What to examine in the actual case
- Identify the protected federal right and the person’s asserted official authority.
- Preserve recordings, injury evidence, and witnesses promptly.
- Distinguish a criminal report to enforcement authorities from a private civil claim with separate limitations and immunity questions.
Practical example
An officer’s unreasonable force may support a civil claim, but criminal prosecution also requires proof of section 242’s heightened mental state. A civil settlement does not itself establish criminal guilt.
For related situations, see federal criminal contempt and lawyers for medical privacy violations.
Primary sources
Sources checked: October 31, 2026.