18 U.S.C. § 1388 Prohibition On Disruptions of Funerals of Members Or Former Members of the Armed Forces

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 18 U.S.C. § 1388

(a) PROHIBITION.-For any funeral of a member or former member of the Armed Forces that is not located at a cemetery under the control of the National Cemetery Administration or part of Arlington National Cemetery, it shall be unlawful for any person to engage in an activity during the period beginning 120 minutes before and ending 120 minutes after such funeral, any part of which activity-

(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) PENALTY.-Any person who violates subsection (a) shall be fined under this title or imprisoned for not more than 1 year, or both.

(c) CIVIL REMEDIES.-

(1) DISTRICT COURTS.-The district courts of the United States shall have jurisdiction-

(A) to prevent and restrain violations of this section; and

(B) for the adjudication of any claims for relief under this section.

(2) ATTORNEY GENERAL.-The Attorney General may institute proceedings under this section.

(3) CLAIMS.-Any person, including a surviving member of the deceased person's immediate family, who suffers injury as a result of conduct that violates this section may-

(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.