shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. As used in this section, the term "participating lawfully in speech or peaceful assembly" shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2) (F) or (4) (A) of this subsection shall apply to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establishment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as his residence. (c) Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State. For purposes of the preceding sentence, the term "law enforcement officer" means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State. Added Pub. L. 90-284, Title I, § 101(a), Apr. 11, 1968, 82 Stat. 73. I The Civil Rights Commission, supra, stated that the FBI "has the responsibility for carrying out civil rights investigations." In most s the investigation is commenced upon receipt of a complaint alleging the civil rights violation has already occurred. ER FEDERAL STATUTES OF LIKELY RELEVANCE While the criminal statutes most likely to constitute a basis for involvement in threats against Dr. King may be the civil rights statutes, eral other provisions of the United States Code, particularly those in le 18, could be utilized to demonstrate grounds for FBI activity either halt such planned violations of Federal law or to interrupt such violaons already in progress. Several Title 18 statutes are listed below: 18 U.S.C. 81. 18 U.S.C. 113. Arson within special maritime and territorial Assaults within maritime and territorial 18 U.S.C. 114. Maiming within maritime and territorial 18 U.S.C. 371. Conspiracy to commit offense or to defraud 18 U.S.C. 594. Intimidation of voters. 18 U.S.C. 662. Receiving stolen property within special 18 U.S.C. 832. 18 U.S.C. 841. Transportation of explosives, radioactive et. seq. Importation, Manufacture, Distribution and Storage of Explosive Materials. 18 U.S.C. 1073. Flight to avoid prosecution or giving testimony. 18 U.S.C. 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property. 18 U.S.C. 1111. Murder. [Within special maritime and territorial jurisdiction] 18 U.S.C. 1112. Manslaughter [Within Special maritime and territerial jurisdiction] 18 U.S.C. 1113. Attempt to commit murder or manslaughter. [Within special maritime and territorial jurisdiction] 18 U.S.C. 1117. Conspiracy to murder. [Within special maritime and territorial jurisdiction] 18 U.S.C. 1716. Injurious articles as non-mailable. 18 U.S.C. 1951. 18 U.S.C. 2101. Interference with commerce by threats or violence. Riots 18 U.S.C. 2311. et. seq. Stolen Property. This is necessarily a partial listing. Several criminal statutes of possible relevance to a given fact situation are found in other Titles of the the Code as well. USION In summary, it may be concluded that: (1) The FBI in 1968 and is not tasked, statutorily, or otherwise, with the responsibility for protection of persons of some notoriety whose well-being may be threat - with the notable Dr. King, as a prominent civil rights leader surrounded by controy, was not thereby the recipient of special Federal protection. (2) A t many efforts are underway today to provide a more specific charter for authority, duties, and prohibitions. However, to date the legal responlities of the FBI remain essentially those of 1968 eption of the addition of Federal criminal prohibitions which may constie a justification for FBI intervention. (3) As to a planned visit to ty A" by Dr. King, only detailed knowledge of the facts surrounding the p, its purpose, threats received, indications of interstate travel, and dence of commission of Federal offenses related to that trip, would allow ediction as to the authority which would reside in the FBI to take protecve or investigative measures. Given sufficient reason to believe that deral violations were in fact taking place or were realistically threated, FBI activity could have been legally justifiable. (4) Given informaon that such violations were imminent or in progress Federal involvement uld be possible, regardless of the position of State or local authorities. wever, it cannot be over-stressed that the enforcement of criminal laws nerally is considered a matter for State authorities. Historically, ere has been strong reticence to interfere where local authorities are apable of dealing with the matter. As stated in American Jurisprudence: The administration of criminal justice is predominantly committed to the states. Unlike the state legislatures, Congress has no general power of defining offenses and punishing offenders. However, Congress does have power to define offenses and provide for punishment of offenders as an appropriate means of carrying into execution its limited grant of legislative powers. 21 Am. Jur. 2d Criminal Law §15(1965) It should perhaps be mentioned, if only in passing, that if the emergency presented by threats and circumstances is sufficient, and the ability of local authorities to deal with the matter is doubtful, the President is possessed of authority which might be utilized to involve FBI Section 333 of Title 10 of the United States Code provides as personnel. follows: § 333. Interference with State and Federal law The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it— (1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or (2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution. Aug. 10, 1956, c. 1041, 70A Stat. 15. |