# Justice Manual § 9-85.200: Federally Protected Activities (18 U.S.C. § 245)

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-85.200

## Section

- **Citation:** Justice Manual § 9-85.200
- **Heading:** Federally Protected Activities (18 U.S.C. § 245)
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-85.000 - Protection of Government Integrity / Justice Manual § 9-85.200

## Text

No prosecution of an offense described in 18 U.S.C. § 245 (Federally Protected Activities) may be undertaken by the United States except upon the certification of the Attorney General, Deputy Attorney General, Associate Attorney General, or Assistant Attorney General for the Civil Rights or Criminal Division that in his or her judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice.  The function of certification may not be delegated.
See
18 U.S.C. § 245(a)(1).  The anti-riot provision, 18 U.S.C. § 245(b)(3), and violations of 18 U.S.C. § 245(b)(1), insofar as that provision relates to matters not involving discrimination or intimidation on grounds of race, color, religion, or national origin, are assigned to the Criminal Division and requests for certification relating to them should be sent to the Criminal Division.

When the offense involves voting, and race is not an issue, prosecutors should contact the Public Integrity Section of the Criminal Division. When the offense involves voting and race is an issue, prosecutors should contact the Criminal Section of the Civil Rights Division. For required authorizations in civil rights cases, including offenses under 18 U.S.C. §§ 247 and 249,
see
JM Sections 8-1.010
to
8-3.300
.

[cited in
JM 9-2.112
;
JM 9-85.210
] [updated August 2022]

## Nearby sections

- [Justice Manual § 9-85.100 Supervisory Jurisdiction](https://www.frixlaw.com/law-library/statutes/JM_S9-85.100.md)
- [Justice Manual § 9-85.101 Bribery of Public Officials](https://www.frixlaw.com/law-library/statutes/JM_S9-85.101.md)
- [Justice Manual § 9-85.110 Investigations Involving Members of Congress](https://www.frixlaw.com/law-library/statutes/JM_S9-85.110.md)
- [Justice Manual § 9-85.200 Federally Protected Activities (18 U.S.C. § 245)](https://www.frixlaw.com/law-library/statutes/JM_S9-85.200.md)
- [Justice Manual § 9-85.210 Violations of Campaign Financing Laws, Federal Patronage Laws, and Corruption of Elections—Consultation Requirement](https://www.frixlaw.com/law-library/statutes/JM_S9-85.210.md)
- [Justice Manual § 9-85.220 Purchase and Sale of Public Office (18 U.S.C. §§ 210, 211)](https://www.frixlaw.com/law-library/statutes/JM_S9-85.220.md)
- [Justice Manual § 9-85.300 Non-Interference in Elections When Conducting Federal Criminal Investigations Involving Ballot Fraud](https://www.frixlaw.com/law-library/statutes/JM_S9-85.300.md)
- [Justice Manual § 9-85.400 Armed Officials Where Elections are Held](https://www.frixlaw.com/law-library/statutes/JM_S9-85.400.md)
- [Justice Manual § 9-85.500 Actions that May Have an Impact on an Election](https://www.frixlaw.com/law-library/statutes/JM_S9-85.500.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-85.200. Check the current official text before relying on it. Not legal advice.