18 USC 245 prohibits specified interference by force or threat of force with federally protected activities. Some provisions protect activities without requiring the same bias motive used in other provisions. The statute is therefore more specific than either “all discrimination” or “every hate crime.” [1]
Identify the protected activity
The statute lists particular activities and relationships to them, including specified federal participation and certain public education, employment, travel, services, and accommodations. The government must connect the alleged conduct to the relevant statutory activity and required reason for interference.
For certain categories, race, color, religion, or national origin is part of the required motive. Other categories have a different structure. Do not assume that proving offensive speech alone establishes force, the protected activity, and the necessary intent.
Force, threats, and penalties
The basic offense and enhanced provisions distinguish bodily injury, dangerous weapons or means, death, kidnapping, and specified sexual conduct. Penalties can increase dramatically when the required aggravating facts are established. The actual charged subsection controls. [1]
For example, a threatening attack intended to prevent participation in a listed public activity presents a different case from a discriminatory remark unconnected to force or a covered activity. The latter may implicate other law without satisfying section 245.
Federal certification is important
Section 245 contains a federal certification requirement before prosecution, subject to its terms. That procedural requirement is separate from proving the defendant’s conduct at trial. The Justice Department’s overview also distinguishes section 245 from other federal hate-crime statutes, which use different coverage and jurisdictional requirements. [2]
What to preserve
- Evidence identifying the protected activity and interference.
- Complete threats or communications showing context and motive.
- Witness information and recordings.
- Medical and property-damage records where relevant.
Report immediate danger through emergency services. A civil-rights report should describe facts accurately rather than assign a statutory label without the needed details.
Compare federal riot offenses if the incident occurred during a public disturbance, and true-threat requirements when communications are central. A bias-related event can raise several legal theories, but each offense still requires its own elements and applicable constitutional limits.
Primary sources
Sources checked: October 31, 2026.