What are the specific criminal penalties and case precedents under 18 U.S.C. §241 and §595 for election interference by officials?

Checked on January 15, 2026
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Executive summary

18 U.S.C. §241 criminalizes conspiracies to injure, oppress, threaten, or intimidate any person in the exercise of a constitutional right — including the right to vote — and is prosecuted as a felony with statutory penalties that can include substantial prison time and fines [1] [2] [3]. 18 U.S.C. §595 targets administrative government employees who use official authority in connection with federally financed activity to interfere with federal elections and carries narrower statutory penalties, commonly a fine or up to one year’s imprisonment for the statutory text that addresses misuse of appropriations and administrative authority [4] [5] [6].

1. What §241 covers and the penalties it authorizes

Section 241 makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate anyone in the free exercise of rights secured by the Constitution — expressly including voting — and the statute has been applied to election interference schemes, including prosecutions tied to the 2016 presidential election where Justice Department filings and public announcements show convictions and sentencing under §241 [1] [7] [2]. The statute is a felony and courts and secondary sources describe §241 convictions as exposing defendants to significant criminal punishment, commonly cited as fines and imprisonment of up to ten years depending on the statutory text and judicial interpretation [3]. Legal doctrine around §241 also reflects that the government must prove a conspiracy aimed at depriving constitutional rights and that courts have read intent requirements into closely related rights-deprivation provisions, meaning purposeful interference has been required in Supreme Court treatment of related statutes [3].

2. Notable §241 precedent and recent enforcement

Recent DOJ enforcement illustrates how §241 has been used in election contexts: the Department of Justice publicly announced that an individual was sentenced to seven months’ imprisonment for participating in a conspiracy to interfere in the 2016 presidential election under §241, demonstrating both the statute’s applicability to complex election schemes and the real-world sentencing outcomes prosecutors have sought [1]. Historical Supreme Court precedent has shaped proof requirements for conspiracy and color-of-law issues relevant to §241 prosecutions; Screws v. United States and United States v. Guest informed lower-court interpretations that informed intent and mens rea analyses for conspiracy-to-deprive-rights prosecutions [3]. The reporting available does not provide a comprehensive catalog of all §241 election prosecutions or a complete sentencing range by offense conduct; that limitation shapes any summary of precedents here [1] [3].

3. What §595 covers and its penalties for officials

Section 595 targets administrative employees of federal, state, territorial, and local governments who, in connection with federally financed activity or exercising authority conferred by appropriation acts, use that official authority to interfere with or affect federal elections, and the statutory regime implementing these prohibitions authorizes criminal penalties that commonly include fines and imprisonment — the statutory language tied to misuse of appropriations and administrative authority has long carried a penalty of a fine or imprisonment not more than one year for those specific provisions [4] [5] [8]. The Brennan Center and statutory codifications emphasize §595 as the principal provision aimed at public employees who misuse official power in election contexts, distinguishing it from broader civil‑rights statutes like §241 [2] [6].

4. How prosecutors choose between statutes and evidentiary burdens

Prosecutors can charge overlapping statutes depending on conduct: §241 is broader and carries felony exposure when conspiracies target constitutional rights and may be used where a group scheme is alleged, whereas §595 is specifically focused on public‑employee misuse of official authority tied to federally financed activity and often carries misdemeanor-level penalties in the statutory text governing certain appropriation-related offenses [2] [5] [6]. Strategic charging decisions reflect different burdens — proving a §241 conspiracy to deprive rights can require demonstrating intent to interfere with constitutional rights, informed by case law, while charging under §595 highlights misuse of official authority and the nexus to federally funded programs [3] [4].

5. Caveats, open questions, and where reporting is limited

Available sources document at least one recent §241 sentence tied to 2016 election interference and describe §241’s felony exposure and §595’s role against administrative employees, but the reporting here does not provide an exhaustive list of case law, line-by-line statutory sentencing grids, or a full catalogue of precedent applying these statutes across jurisdictions — detailed sentencing outcomes vary by facts, plea agreements, and judicial discretion and require case‑by‑case legal research beyond these summaries [1] [3] [5].

Want to dive deeper?
What other federal statutes (e.g., §242, §594, 52 U.S.C. §20511) have been used in election-interference prosecutions and how do their penalties compare?
How have courts interpreted mens rea and 'official authority' elements in §241 and §595 cases—key appellate decisions to study?
Which DOJ election‑interference prosecutions since 2016 invoked §595 against government employees and what were the outcomes?