This bill, called the SACRED Act, would add a new federal crime to Title 18 (section 251). It would make certain actions near places of religious worship illegal. The bill prohibits a "course of conduct" within 100 feet of a place of religious worship that is intended to intimidate or to block people trying to exercise their First Amendment right of religious freedom and that causes a person to reasonably fear for their physical safety while entering or leaving. It also prohibits intentionally approaching and harassing a person within 8 feet of that person within 100 feet of a place of worship. The bill defines key terms, including "place of religious worship" (which includes buildings, parking lots, and driveways), "obstruct," "intimidate," and "harass."
The bill sets criminal penalties: a first offense may be fined or punished by up to 1 year in prison (with lower limits for exclusively nonviolent conduct: up to $10,000 fine and up to 6 months imprisonment), and a second or later offense may be punished by up to 3 years (with higher limits for nonviolent repeat offenses: up to $25,000 fine and up to 18 months imprisonment). If bodily injury results, imprisonment may be up to 10 years; if death results, the sentence may be any term of years or life.
The bill creates civil remedies. People who are aggrieved or the entity that owns or operates the place of worship may sue for injunctive relief, compensatory and punitive damages, and attorneys' fees. A plaintiff may choose statutory damages of $5,000 per violation instead of actual damages. The Attorney General of the United States and state attorneys general may also bring civil actions and seek injunctive relief, compensatory damages, and civil penalties (civil penalty limits are specified for first and subsequent violations). The bill says it does not prohibit peaceful expressive conduct outside places of worship that the First Amendment protects and does not preempt state or local laws.
If this bill becomes law, certain actions near places of worship could lead to federal criminal charges or civil lawsuits. Specifically, repeatedly blocking or intimidating people within 100 feet of a place of worship, or intentionally approaching and harassing someone within 8 feet of them in that zone, could be illegal. Owners and operators of places of worship and people who say they were harmed can sue in federal court. The Department of Justice and state attorneys general would also have authority to bring civil cases under this law.
No publicly available information on estimated costs to the government to implement or enforce this bill. The bill specifies fines and penalties that a court may impose on violators, including criminal fines, set imprisonment terms, statutory civil damages of $5,000 per violation (as an option), and specified civil penalty caps for actions by the U.S. Attorney General.
The bill text and short title indicate it is designed to protect access to places of religious worship by prohibiting harassment and obstruction near those places and by creating criminal penalties and civil remedies for violations.
No publicly available information.