18 U.S. Code § 242 Deprivation of Rights Under Color of Law

6 Deprivation Of Civil Rights (Without Bodily Injury, Kidnapping, Sexual Assault Or Death) 18 USC § 242

Title 18, United States Code, Section 242, makes it a Federal crime or offense for anyone, acting under color of state law, to willfully deprive someone else of his or her rights secured by the Constitution or laws of the United States.

The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

First: That the Defendant committed the act of as charged in the indictment;

Second: That in so doing the Defendant acted or purport ed to act under color of state law; and

Third: That in so doing the Defendant willfully exceeded and misused or abused the Defendant's authority under state law.

The phrase "under color of state law" covers not only acts done by an official under a State law, but also acts done by an official under any ordinance of a county or municipality of the State, as well as acts done under any regulation issued by any State or county or municipal official, and even acts done by an official under color of some State or local custom.

To act "under color of state law" means to act beyond the bounds of lawful authority, but in such a manner that the unlawful acts were done while the official was purporting or pretending to act in the performance of official duties. In other words, the unlawful acts must consist of an abuse or misuse of power which is possessed by the official only because that person is an official.

[A Defendant may be found guilty of the charges contained in the indictment, however, even though the Defendant was not an official or employee of the State, or of any county, city, or other governmental unit, if you find beyond a reasonable doubt that the essential facts constituting the offense charged have been established, as defined in these instructions, and that the Defendant was a willful participant together with the state or its agents in the doing of such acts.]

[The term "liberty" includes the liberty to be free from unlawful attacks upon the victim's person. "Liberty" thus includes the principle that no person may ever be physically assaulted, intimidated, or otherwise abused intentionally and without justification by a person acting under the color of the laws of any state.]

[To be deprived of liberty "without due process of law" means to be deprived of liberty without authority of the law. Before the jury can determine whether or not the alleged victim was deprived of any liberty under the Federal Constitution "without due process of law" as charged in the indictment, the jury must first determine from the evidence whether the Defendant did any of the acts charged in the indictment. If so, you must next determine whether the Defendant acted within or without the bounds of the Defendant's lawful authority.]

[If you find that the Defendant acted within the limits of the Defendant's lawful authority under State law, then the Defendant did not deprive the alleged victim of any liberty "without due process of law".]

[On the other hand, if you should find that the Defendant acted beyond the limits of the Defendant's lawful authority under State law, then you may further find that the Defendant did deprive the alleged victim of liberty "without due process of law". And if you should so find, you must then proceed to decide whether, in so doing, the Defendant acted willfully, as charged.]

ANNOTATIONS AND COMMENTS

18 USC § 242 provides:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of an offense against the United States.]

Maximum Penalty: One (1) year imprisonment and applicable fine.

18 USC § 242 was amended in 1988 to increase the maximum penalty in a variety of situations, such as when bodily injury results or dangerous weapons are used. This charge must be modified if one of the many situations calling for an increased punishment is charged and, in that event, the Lesser Included Offense Special Instruction should be used. The Eleventh Circuit has approved the following definition of "bodily injury" under § 242: "the term 'bodily injury' means -- (A) a cut, abrasion, bruise, burn or disfigurement; (B) physical pain; (C) illness; (D) impairment of a function of a bodily member, organ or mental faculty; or (E) any other injury to the body, no matter how temporary." United States Myers, 972 F.2d 1566, 1572 (11th Cir. 1992), cert. denied, 507 U.S. 1017, 113 S.Ct. 1813, 123 L.Ed.2d 445 (1993).

A private citizen who aids and abets a state officer may be guilty under § 242 if the private citizen willfully acts with state officers who are active participants. United States v. Farmer, 923 F.2d 1557, 1564 (11th Cir. 1991).