Date Created:
Place Created: Washington DC
Year Created: 2021
Historical Theme:
Description: The Emmett Till Antilynching Act of 2021 is a landmark piece of U.S legislation that officially marked lynching as a federal hate crime. The bill was signed into law by President Biden on March 29, 2022; it's seen as a notable step in recognizing and addressing the history of U.S racial violence.
Categories of Documents:
BACKGROUND HISTORICAL CONTEXT
The Act is named after Emmett Till, a 14-year-old African American boy who was brutally murdered in 1955 in Mississippi. His lynching, which was fueled by false accusations of flirting with a white woman, became a catalyst for the Civil Rights Movement. Despite widespread outcry and evidence, the men responsible for his death were acquitted by an all-white jury. His case remains one of the most infamous examples of racial violence in American history.
For over a century, Congress attempted to pass anti-lynching laws. More than 200 anti-lynching bills were introduced between the late 19th and 20th centuries, but none succeeded in becoming law due to opposition, particularly from Southern lawmakers. The failure to criminalize lynching on a federal level allowed racial terror to persist, particularly targeting African Americans.
WHAT THE ACT DOES
- Designates lynching as a federal hate crime, making it punishable by up to 30 years in prison.
- Defines lynching as a conspiracy to commit a hate crime that results in death or serious bodily injury.
- Provides additional legal tools for federal prosecutors to address racially motivated violence.
H.R.55. CONGRESIONAL TEXT
An Act
To amend section 249 of title 18, United States Code, to specify lynching as a hate crime act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title.
This Act may be cited as the “Emmett Till Antilynching Act”.
SEC. 2. Lynching; other conspiracies.
Section 249(a) of title 18, United States Code, is amended by adding at the end the following:
“(5) LYNCHING.—Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, be imprisoned for not more than 30 years, fined in accordance with this title, or both.
“(6) OTHER CONSPIRACIES.—Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, or if the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, be imprisoned for not more than 30 years, fined in accordance with this title, or both.”.
SEC. 3. Determination of budgetary effects.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Attest:
Speaker of the House of Representatives.
Attest:
Vice President of the United States
and
President of the Senate.