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Fact check: What is the current federal law regarding lynching in the USA?

Checked on September 16, 2025

1. Summary of the results

The current federal law regarding lynching in the USA is that lynching is now considered a federal hate crime, as stated in the Emmett Till Anti-Lynching Act, which was signed into law by President Joe Biden [1]. This law allows for the prosecution of crimes as lynchings if they are done during a hate crime in which the victim is injured or slain, with a maximum sentence of 30 years in prison and fines for anyone conspiring to commit an act of lynching that causes death or injury [1]. The Emmett Till Anti-Lynching Act is seen as a significant step towards acknowledging the history of racial violence in the United States [2]. The law broadens the definition of lynchings to include any attack intended to kill or seriously injure someone because of their identity, providing a significant tool for addressing racial violence and hate crimes in the United States [3]. According to other sources, the Emmett Till Antilynching Act of 2022 was signed into law by President Joe Biden on March 29, 2022, making lynching a federal hate crime [4]. Perpetrators of hate crimes that result in death or serious bodily injury can face up to 30 years in prison [2]. The legislation is named after Emmett Till, a young Black teenager who was brutally murdered in 1955 [5]. While the law's changes are modest, its cultural and social significance is substantial, as it increases the penalty for hate crimes involving serious bodily injury and provides a maximum penalty of up to 30 years in prison for conspiracy to commit hate crimes [6].

2. Missing context/alternative viewpoints

Some key points that are missing from the original statement include the fact that the Emmett Till Anti-Lynching Act was signed into law by President Joe Biden on March 29, 2022 [4]. Additionally, the law's significance in addressing America's history of racial terror and suppression is not mentioned in the original statement [7]. Alternative viewpoints on the law's effectiveness and potential impact on racial violence and hate crimes in the United States are also not presented in the original statement. For example, some sources suggest that while the law's changes are modest, its cultural and social significance is substantial [6]. Others may argue that the law does not go far enough in addressing the root causes of racial violence and hate crimes. The original statement could benefit from including these alternative viewpoints to provide a more comprehensive understanding of the issue. Some of the key stakeholders who may benefit from the law include victims of hate crimes and their families, who may see justice served through the prosecution of perpetrators [2]. On the other hand, some individuals and groups may oppose the law, arguing that it infringes on their rights or freedoms (no source explicitly states this, but it is a potential alternative viewpoint).

3. Potential misinformation/bias in the original statement

There does not appear to be any potential misinformation in the original statement, as it is a straightforward question about the current federal law regarding lynching in the USA. However, the statement may be biased towards presenting a positive view of the Emmett Till Anti-Lynching Act, as it does not mention any potential criticisms or drawbacks of the law (no source explicitly states any criticisms, but this is a potential bias). Additionally, the statement may be seen as lacking context, as it does not provide any information about the history of lynching in the United States or the impact of the law on racial violence and hate crimes [2]. The sources cited, including [1], [2], and [3], all appear to be reputable and unbiased, but it is possible that other sources may present alternative viewpoints or criticisms of the law [6]. Overall, the original statement appears to be a genuine attempt to understand the current federal law regarding lynching in the USA, but could benefit from including more context and alternative viewpoints to provide a more comprehensive understanding of the issue [4].

Want to dive deeper?
What is the history of federal lynching laws in the United States?
How does the Emmett Till Antilynching Act of 2022 impact federal lynching cases?
What are the penalties for lynching under current federal law?
How do state laws regarding lynching differ from federal law?
What role does the FBI play in investigating lynching cases under federal law?