123STA T . 2 84 2 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(4)FRE EE XP RE S S ION.—Nothing in thi sd i v ision sh al l bec onst ru ed to allo wp rosecution based solel y upon an individual ’ s e x pression o f racial , religious, political, or other beliefs or solely upon an individual’s m embership in a group advocating or espousing such beliefs. ( 5 ) FIRS TAM EN D MENT.—Nothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the first amendment to the C onstitu - tion of the U nited S tates. ( 6 ) CONSTIT U TIONA L PROTE C TIONS.—Nothing in this divi- sion shall be construed to prohibit any constitutionally pro- tected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the first amend- ment to the Constitution of the United States and peaceful pic k eting or demonstration. T he Constitution of the United States does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence. SEC.471 1. GUID E L I N ES FORHAT E - CRI M ES OFFENSES. Section 2 4 9 (a) of title 18 , United States Code, as added by section 4 70 7 of this A ct, is amended by adding at the end the following
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‘(4) G UIDELINES.—All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys’ M anual that shall establish neutral and ob j ective criteria for determining whether a crime was committed because of the actual or perceived status of any person.’’. SEC. 471 2 . ATTAC K S ON UNITED STATES SER V ICEMEN. (a) I N GENERAL.—Chapter 67 of title 18, United States Code, is amended by adding at the end the following: ‘ ‘ §1389.Prohib i t io n on a tta cks on U nit edS tates ser v ice m en on acco u nto f service ‘‘(a) IN GENERAL.— W hoever knowingly assaults or batters a United States serviceman or an immediate family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or immediate family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall— ‘‘(1) in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $ 500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years
‘‘(2) in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and ‘‘( 3 ) in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less
