123STA T . 2 8 3 9PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 notac t i n gu n der co l oro f la w, willfull y cau s es b odily in j ury to any p erson or, t h rough the use of fire, a firear m , a dangerous weapon, or an e x plosi v e or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person —‘ ‘ (A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both
and ‘‘( B ) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— ‘‘(i) death results from the offense; or ‘‘(ii) the offense includes k idnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill . ‘‘( 2 ) OF F ENS ES I N VOL VIN GACTU ALO RP ERCEIVE D RELIGION, NATIONAL ORIGIN, GENDER, SE X UAL ORIENTATION, GENDER IDENTIT Y , OR DISA B ILITY.— ‘‘(A) I N GENERAL.— W hoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph ( 3 ), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person— ‘‘(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ‘‘(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— ‘‘(I) death results from the offense; or ‘‘(II) 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. ‘‘(B) C IRCU M STANCES DESCRIBED.— F or purposes of subparagraph (A), the circumstances described in this subparagraph are that— ‘‘(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim— ‘‘(I) across a S tate line or national border; or ‘‘(II) using a channel, facility, or instrumen - tality of interstate or foreign commerce; ‘‘(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); ‘‘(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or ‘‘(iv) the conduct described in subparagraph (A)—
