§2. Freedom of access to places of religious worship
This section establishes a new criminal offense (18 U.S.C. § 251) prohibiting, in or affecting interstate or foreign commerce and within 100 feet of a place of religious worship, (1) any course of conduct intended to intimidate or obstruct passage of persons exercising or seeking to exercise First Amendment religious freedom therein if it causes reasonable fear for physical safety while entering or exiting, or (2) intentionally approaching and harassing within 8 feet any such person.
It imposes penalties of a fine, imprisonment up to 1 year, or both for a first offense, and a fine, imprisonment up to 3 years, or both for subsequent offenses; reduces penalties for exclusively nonviolent conduct to a $10,000 fine and up to 6 months imprisonment for a first offense or a $25,000 fine and up to 18 months for subsequent offenses; and increases imprisonment to up to 10 years if bodily injury results or any term of years or life if death results.
It authorizes civil actions by aggrieved persons exercising or seeking religious freedom or by owners/operators of places of religious worship for injunctive relief, compensatory or punitive damages (or $5,000 statutory damages per violation), costs, and attorney/expert fees; by the U.S. Attorney General for similar relief plus civil penalties up to $10,000 (nonviolent first offense), $15,000 (other first offense), $15,000 (nonviolent subsequent), or $25,000 (other subsequent); and by state attorneys general for similar relief on behalf of state residents.
It specifies that the section does not prohibit First Amendment-protected expressive conduct (e.g., peaceful picketing) outside such places or preempt state/local laws, and it defines terms including "obstruct" (rendering ingress/egress impassable or unreasonably difficult/hazardous), "intimidate" (reasonable apprehension of imminent physical injury), "harass" (serious act or course of conduct interfering with movement and causing reasonable fear of harm or substantial emotional distress), "course of conduct" (series of acts indicating continuity of purpose), "serious act" (single act of threatening, intimidating, or violent conduct), and "place of religious worship" (building/structure/space used primarily for worship, religious education, or instruction).