- The defendant used force or threats of force.
- The defendant injured, intimidated or interfered with or attempted to
injure, intimidate or interfere with the victim.
- The defendant acted because of the victim's
race/color/religion/national
origin and because the victim was enjoying one of the protected activities
set
forth in the statute.
- The defendant acted willfully.
- For felony: The defendant's actions resulted in bodily injury to the
victims/used force/firearm.
Federally protected activities:
- Enrolling in or attending public school or college—§
245(b)(2)(A);
United States v. Griffin, 525 F.2d 710 (1st Cir. 1975), cert.
denied, 424 U.S. 945 (1976).
- Participating in any program or activity provided or administered by a
state
-- § 245(b)(2)(B); United State v. McDermott, 822 F. Supp. 582
(N.D.
Iowa 1993) (public park); United States v. White, 846 F.2d 678 (11th
Cir.), cert. denied, 488 U.S. 984 (1988) (public parade).
- Applying for or enjoying employment—§ 245(b)(2)(C); United
States
v. Lane, 883 F.2d 1484 (10th Cir. 1989), cert. denied, 493 U.S.
1059
(1990).
- Serving as juror in state court—§ 245(b)(2)(D).
- Using facility of interstate commerce or common carrier—§ 245
(b)(2)(E); United States v. Quigley, 53 F.3d 909 (8th Cir. 1995).
- Enjoying public accommodations—§ 245(b)(2)(E); United States
v.
Piche, 981 F.2d 706 (4th Cir. 1992), cert. denied, 113 S. Ct.
2356
(1993) (bar)
[updated February 1998]
|