18 U.S.C. § 242

Deprivation of rights under color of law

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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.

Notes of Decisions

Cited in 2,139 cases (988 in the last 5 years), 1928–2026 · leading case: Adickes v. S. H. Kress & Co.

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Adickes v. S. H. Kress & Co. (1970) scotus · cites it 18× “In addition to the legislative history, there exists an unbroken line of decisions, extending back many years, in which this Court has declared that action "under color of law " is a predicate for a cause of action under § 1983, [35] or its criminal counterpart, 18 U. S. C. §…”

United States v. Budd (2007) ca6 · cites it 22× “§ 371 , and listed two object offenses: (1) depriving Tawhon Easterly of his constitutional rights under color of law in violation of 18 U.S.C. § 242 ; and (2) witness tampering, in violation of 18 U.”

United States v. Michael Robert Perkins (2006) ca4 · cites it 12× “OPINION WILLIAMS, Circuit Judge: Michael Perkins, a Petersburg, Virginia city police officer, was convicted by a jury of kicking and causing bodily injury under color of law to Lamont Koonce, a motorist stopped for a traffic violation who fled from the police, thus willfully…”

United States v. Travis McCabe (2012) ca5 · cites it 16× “The jury convicted David Warren, a former officer in the New Orleans Police Department (“NOPD”), of one count of depriving Glover of his right to be free from the use of unreasonable force by a law enforcement officer, in violation of 18 U.S.C. § 242 , and one count of carrying,…”

Mikhail v. Kahn (2014) paed · cites it 13× “Mikhail purports to bring his federal claims under 18 U.S.C. § 242 and 42 U.S.C. § 1983 (Counts I and II).”

United States v. Shawn Shaw (2018) ca3 · cites it 11× “Appellant Shawn Shaw, a former corrections officer, was convicted by a jury of sexually assaulting a female inmate in violation of 18 U.S.C. § 242 and obstruction of justice in violation of 18 U.”

Chapman v. Houston Welfare Rights Organization (1979) scotus · cites it 8× “§ 5510 (now 18 U. S. C. § 242 )each of which describes the rights protected in language nearly identical to that used in § 1983 [34] leave no doubt that federal statutory as well as constitutional entitlements are encompassed thereby.”

Lugar v. Edmondson Oil Co. (1982) scotus · cites it 6× “167, 185 (1961), the Court held that "under color of law" has the same meaning in 18 U. S. C. § 242 as it does in § 1983. [10] Besides these two Supreme Court cases, the Court cited a number of lower court cases in support of the proposition that the constitutional concept of…”

United States v. Damon Causey, United States of America v. Paul Hardy, Also Known as P, Also Known as Cool and Len Davis (1999) ca5 · cites it 16× “§ 241 , conspiracy *411 against civil rights and 18 U.S.C. § 242 , deprivation of rights under color of law.”

United States v. Verbickas (2006) ca10 · cites it 10× “See 18 U.S.C. § 242 . At trial, the Government sought to establish a vast conspiracy to abuse inmates.”

United States v. Conatser (2008) ca6 · cites it 6× “18 U.S.C. §§ 242 and 2. The statute provides for enhanced penalties of (1) imprisonment for not more than 10 years "if bodily injury results, from the acts committed in violation of this section," and (2) any term of years or for life "if death results from the acts committed in…”

United States v. Roderick Douglas (2020) ca5 · cites it 11× “On appeal, he asserts that the district court incorrectly calculated the advisory Guidelines range of imprisonment and contends that the district court erred in denying his request for a downward variance.”

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