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87 Forceful Intimidation Because Of Race (Occupancy Of Dwelling - - No Bodily Injury) 42 USC § 3631 Title 42, United Sates Code, Section 3631, makes it a Federal crime or offense for anyone, by force or threat of force, to willfully intimidate or interfere with someone because of his or her race and because he or she has been occupying any dwelling. 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, by force or threat of force, intimated or interfered with, or attempted to intimidate or interfere with the persons named in the indictment, as charged; Second: That the Defendant did so because of the race of those persons and because they were occupying a dwelling; and Third: That the Defendant did so knowingly and willfully. To use " force" is to do something which causes another person to act against his or her will. To use a "threat of force" or to "intimidate" or " interfere with" means to say or do something which, under the same circumstances, would cause another person of ordinary sensibilities to be fearful of bodily harm if he or she did not comply. A " dwelling" includes any place where people ordinarily live or reside. ANNOTATIONS AND COMMENTS 42 USC § 3631 provides: Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with . . . (a) any person because of his race . . . and because he is or has been . . . occupying . . . any dwelling [ shall be guilt y of an offense against the United States]. Maximum Penalty: One (1) year imprisonment and $100,000 fine without bodily injury; Ten (10) years imprisonment and $250,000 fine with bodily injury and/or use of a dangerous weapon, explosive, or f ire; or any term of years up to life imprisonment and $250,000 fine if death result s or if such act s include kidnapping, aggravated sexual assault or an attempt to kill. See 42 USC § 3631 and 18 USC § 3571.