2013 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 67 - MILITARY AND NAVY (§§ 1381 - 1389)
Section 1388 - Prohibition on disruptions of funerals of members or former members of the Armed Forces
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 67 - MILITARY AND NAVY Sec. 1388 - Prohibition on disruptions of funerals of members or former members of the Armed Forces |
Contains | section 1388 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 109-464, §1(a), Dec. 22, 2006, 120 Stat. 3480; amended Pub. L. 112-154, title VI, §601(b), Aug. 6, 2012, 126 Stat. 1196. |
Statutes at Large References | 120 Stat. 3480 126 Stat. 1196, 1195 |
Public Law References | Public Law 109-464, Public Law 112-154 |
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(a)
(1)(A) takes place within the boundaries of the location of such funeral or takes place within 300 feet of the point of the intersection between—
(i) the boundary of the location of such funeral; and
(ii) a road, pathway, or other route of ingress to or egress from the location of such funeral; and
(B) includes any individual willfully making or assisting in the making of any noise or diversion—
(i) that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral; and
(ii) with the intent of disturbing the peace or good order of such funeral;
(2)(A) is within 500 feet of the boundary of the location of such funeral; and
(B) includes any individual—
(i) willfully and without proper authorization impeding or tending to impede the access to or egress from such location; and
(ii) with the intent to impede the access to or egress from such location; or
(3) is on or near the boundary of the residence, home, or domicile of any surviving member of the deceased person's immediate family and includes any individual willfully making or assisting in the making of any noise or diversion—
(A) that disturbs or tends to disturb the peace of the persons located at such location; and
(B) with the intent of disturbing such peace.
(b)
(c)
(1)
(A) to prevent and restrain violations of this section; and
(B) for the adjudication of any claims for relief under this section.
(2)
(3)
(A) sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and
(B) recover damages as provided in subsection (d) and the cost of the suit, including reasonable attorneys' fees.
(4)
(d)
(1)
(2)
(3)
(4)
(e)
(f)
(1) the term "Armed Forces" has the meaning given the term in section 101 of title 10 and includes members and former members of the National Guard who were employed in the service of the United States; and
(2) the term "immediate family" means, with respect to a person, the immediate family members of such person, as such term is defined in section 115 of this title.
(Added Pub. L. 109–464, §1(a), Dec. 22, 2006, 120 Stat. 3480; amended Pub. L. 112–154, title VI, §601(b), Aug. 6, 2012, 126 Stat. 1196.)
AMENDMENTS2012—Pub. L. 112–154 amended section generally. Prior to amendment, section prohibited disruptions of funerals of members or former members of the Armed Forces during period beginning 60 minutes before and ending 60 minutes after such funerals within funeral boundaries, within 150 feet of certain intersections or within 300 feet of funeral boundaries and provided criminal penalties and definitions.
PURPOSE AND AUTHORITYPub. L. 112–154, title VI, §601(a), Aug. 6, 2012, 126 Stat. 1195, provided that:
"(1)
"(2)
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