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54.

Elements—18 U.S.C. § 248—Freedom of Access to Clinic Entrances/Damage to Religious Property

  1. The defendant used force, threat of force, or physical obstruction or damaged or destroyed property;

  2. The defendant intentionally injured, intimidated, or interfered with the victim or damaged or destroyed property or attempted to do so;

  3. The defendant acted because the victim was, or had been, providing or obtaining reproductive health services, or because the facility was providing such services;

  4. For religious property cases: The defendant acted because the victim was exercising or seeking to exercise his right of religious freedom at a place of worship or the property was a place of worship.]

NOTE: Because the constitutionality of the religious interference provisions may be challenged on Lopez grounds, it is essential to contact the Criminal Section, Civil Rights Division, prior to charging any violation of the statute involving the religious interference provision.