Unmasking Antifa Act of 2018

Unmasking Antifa Act of 2018

This bill amends the federal criminal code to make it a crime for an individual, while in disguise, to injure, oppress, threaten, or intimidate a person: (1) who is exercising or enjoying a protected right or privilege, or (2) because the person has exercised a protected right or privilege. A violator is subject to criminal penalties—a fine, a prison term of up to 15 years, or both.

Additionally, the bill establishes an enhanced penalty—a mandatory two-year prison term—for a person who wears a disguise during an offense involving the willful and malicious destruction of a building or property.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6054 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6054

To amend title 18, United States Code, to provide penalty enhancements 
   for committing certain offenses while in disguise, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2018

   Mr. Donovan (for himself, Mr. King of New York, Mr. Budd, and Mr. 
    Gosar) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide penalty enhancements 
   for committing certain offenses while in disguise, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unmasking Antifa Act of 2018''.

SEC. 2. INTERFERENCE WITH PROTECTED RIGHTS WHILE IN DISGUISE.

    (a) In General.--Chapter 13 of title 18, United States Code, is 
amended by inserting after section 249 the following:
``Sec. 250. Interference with protected rights while in disguise
    ``(a) In General.--Whoever, whether or not acting under color of 
law, while in disguise, including while wearing a mask, injures, 
oppresses, threatens, or intimidates any person in any State, 
Territory, Commonwealth, Possession, or District in the free exercise 
or enjoyment of any right or privilege secured to him by the 
Constitution or laws of the United States, or because of his having so 
exercised the same, shall be fined under this title, imprisoned not 
more than 15 years, or both.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed so as to deter any law enforcement officer from lawfully 
carrying out the duties of his office; and no law enforcement officer 
shall be considered to be in violation of this section for lawfully 
carrying out the duties of his office or lawfully enforcing ordinances 
and laws of the United States, the District of Columbia, any of the 
several States, or any political subdivision of a State. For purposes 
of the preceding sentence, the term `law enforcement officer' means any 
officer of the United States, the District of Columbia, a State, or 
political subdivision of a State, who is empowered by law to conduct 
investigations of, or make arrests because of, offenses against the 
United States, the District of Columbia, a State, or a political 
subdivision of a State.''.
    (b) Clerical Amendment.--The table of sections for chapter 13 of 
title 18, United States Code, is amended by inserting after the item 
related to section 249 the following:

``250. Interference with protected rights while in disguise.''.

SEC. 3. DESTROYING BUILDINGS OR PROPERTY WITHIN SPECIAL MARITIME AND 
              TERRITORIAL JURISDICTION WHILE IN DISGUISE.

    Section 1363 of title 18, United States Code, is amended by adding 
at the end the following: ``Whoever, during the commission of an 
offense under this section, wears a disguise, including a mask, shall, 
in addition to any term of imprisonment otherwise imposed under this 
section, be imprisoned for 2 years.''.
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