18 U.S.C. § 242
Section 242 · Deprivation of rights under color of law
Amended 5 times on record
Applied in 840 court decisions — leading case Adickes v. S. H. Kress & Co. (1970)
Most recently applied in United States v. Skrmetti (June 2025)
Applied most in the Fifth Circuit Circuit (70 decisions)
Cases citing this section usually also cite 42 U.S.C. § 1983 · 18 U.S.C. § 241 · 42 U.S.C. § 1985
How often courts cite this section
Court decisions citing this, by year.Markers show enactment and consequential amendments — watch for a citation surge after a change. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, 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, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §52 (Mar. 4, 1909, ch. 321, §20, 35 Stat. 1092).
Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.
A minor change was made in phraseology.
Amendments
1996—Pub. L. 104–294, §607(a), substituted “any State, Territory, Commonwealth, Possession, or District” for “any State, Territory, or District”.
Pub. L. 104–294, §604(b)(14)(B), repealed Pub. L. 103–322, §320103(b)(1). See 1994 Amendment note below.
1994—Pub. L. 103–322, §330016(1)(H), substituted “shall be fined under this title” for “shall be fined not more than $1,000” after “citizens,”.
Pub. L. 103–322, §320201(b), substituted “any person in any State” for “any inhabitant of any State” and “on account of such person” for “on account of such inhabitant”.
Pub. L. 103–322, §320103(b)(2)–(5), substituted “bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, 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, shall be fined under this title, or imprisoned for any term of years or for life, or both” for “bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life”.
Pub. L. 103–322, §320103(b)(1), which provided for amendment identical to Pub. L. 103–322, §330016(1)(H), above, was repealed by Pub. L. 104–294, §604(b)(14)(B).
Pub. L. 103–322, §60006(b), inserted before period at end “, or may be sentenced to death”.
1988—Pub. L. 100–690 inserted “and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;” after “or both;”.
1968—Pub. L. 90–284 provided for imprisonment for any term of years or for life when death results.
Effective Date of 1996 Amendment
Amendment by section 604(b)(14)(B) of Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.
Cross References
Civil action for deprivation of rights, see section 1983 of Title 42, The Public Health and Welfare.
Equal rights under the law, see section 1981 of Title 42.
Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title.
Proceedings in vindication of civil rights, see section 1988 of Title 42, The Public Health and Welfare.