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struggle4progress

(123,797 posts)
9. 18 USC 242
Sat Sep 30, 2023, 04:41 PM
Sep 2023

This provision makes it a crime for someone acting under color of law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. It is not necessary that the offense be motivated by racial bias or by any other animus.

Defendants act under color of law when they wield power vested by a government entity. Those prosecuted under the statute typically include police officers, sheriff’s deputies, and prison guards. However other government actors, such as judges, district attorneys, other public officials, and public school employees can also act under color of law and can be prosecuted under this statute.

Section 242 does not criminalize any particular type of abusive conduct. Instead, it incorporates by reference rights defined by the Constitution, federal statutes, and interpretive case law. Cases charged by federal prosecutors most often involve physical or sexual assaults. The Department has also prosecuted public officials for thefts, false arrests, evidence-planting, and failing to protect someone in custody from constitutional violations committed by others ...

https://www.justice.gov/crt/statutes-enforced-criminal-section#:~:text=18%20U.S.C.%20%C2%A7%20242&text=This%20provision%20makes%20it%20a,or%20by%20any%20other%20animus.

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