SACRED Act

Overview

• Bill: HR 8239 (SACRED Act)
  
• Session: 119th Congress, 2nd Session
  
• Introduced: April 9, 2026 by Rep. Suozzi (and multiple co-sponsors)
  
• Purpose: Amend title 18 U.S. Code to prohibit harassment or intimidation of individuals exercising or seeking to exercise the First Amendment right of religious freedom at or within 100 feet of places of religious worship, and to provide civil and criminal remedies.

Main purpose and intent

• Establish a new federal offense and related civil remedies to protect individuals entering, leaving, or attempting to exercise religious freedom at places of worship.
• Create a 100-foot protected zone around places of religious worship where certain harassing, intimidating, or obstructive conduct is prohibited.

Key provisions and changes

• New statutory provision added to Title 18, U.S. Code, Chapter 13:

  • Section 251 (Freedom of access to places of religious worship)
  • Prohibited activities within 100 feet of a place of religious worship:
    • Engaging in a course of conduct intended to intimidate or obstruct passage of someone exercising or seeking to exercise the First Amendment right to religious freedom, in a way that causes reasonable fear for physical safety.
    • Intentionally approaching and harassing someone within 8 feet of a person exercising the First Amendment right to religious freedom.
  • Penalties (criminal):
    • First offense: fine, up to 1 year imprisonment, or both.
    • Second or subsequent offense: fine, up to 3 years imprisonment, or both.
    • Special caps for nonviolent offenses and other adjustments:
    • First offense nonviolent: max $10,000 fine, up to 6 months imprisonment.
    • Subsequent nonviolent offense: max $25,000 fine, up to 18 months imprisonment.
    • If bodily injury results: up to 10 years.
    • If death results: any term of years or life.
  • Civil remedies:
    • Private right of action by a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom, or by the owner/operator of the place of worship.
    • Available relief includes temporary, preliminary, or permanent injunctive relief; compensatory and punitive damages; costs and attorney/expert fees.
    • For compensatory damages, plaintiffs may elect to receive a statutory award of $5,000 per violation.
    • Federal government enforcement option:
    • Attorney General may file civil actions in U.S. District Court if there is reasonable cause to believe injury or potential injury from conduct violating the section.
    • Relief similar to private actions, plus potential civil penalties (up to $10,000 for nonviolent first offenses and $15,000 for other first offenses; and up to $15,000 for nonviolent subsequent offenses and $25,000 for other subsequent offenses).
    • State Attorneys General can also bring actions on behalf of residents with similar relief and penalties.
  • Rules of construction:
    • Does not prohibit peaceful expressive conduct outside worship places protected by the First Amendment.
    • Does not preempt state or local laws providing penalties or remedies for such conduct.
  • Definitions:
    • Obstruct: impede ingress/egress or make passage to/from the worship place unreasonably difficult or hazardous.
    • Intimidate: place a person in reasonable apprehension of imminent physical injury.
    • Harass: a serious act or course of conduct directed at a specific person that interferes with freedom of movement and causes reasonable fear or substantial emotional distress.
    • Place of religious worship: includes the building or space used for religious worship or education and adjacent parking areas.
    • Clarifies what constitutes a “course of conduct” and “serious act.”

• Technical housekeeping:

  • Adds a new section 251 to Chapter 13 of title 18.
  • Adds a new entry to the table of sections for Chapter 13.

Who would be affected

• Individuals exercising or seeking to exercise their First Amendment right to religious freedom at or near places of religious worship (delivery of services, attendance, or seeking to enter/exit).
• Places of religious worship and their owners/operators (potential civil liability for violations).
• Prospective defendants in criminal prosecutions, with penalties varying by offense type (first vs. subsequent; nonviolent vs. violent; with potential bodily injury or death).
• Federal and state prosecutors (Attorney General and state Attorneys General) who could initiate civil actions to enforce the act.
• Potential witnesses, attorneys, and expert witnesses involved in civil actions under the act.

Procedural and timeline aspects

• Status: Introduced in the House on April 9, 2026; referred to the House Committee on the Judiciary.
• No current timeline provided for Senate action or enactment; as a new bill, it would require passage by both House and Senate and signature by the President (or override of a veto) to become law.
• The act includes civil enforcement mechanisms (private right of action and government actions) and a clear set of penalties, creating a framework for ongoing enforcement if enacted.

Summary in plain terms

The SACRED Act would create a federally protected zone of 100 feet around places of worship to shield individuals from harassment, intimidation, or obstruction when they are trying to exercise their religious freedom. It establishes criminal penalties for violators, with enhanced penalties for repeat or violent offenses, and provides civil remedies (including monetary damages and injunctions) for individuals and entities harmed. It also grants authority to the Attorney General and state attorneys general to pursue enforcement and clarifies that peaceful expressive activity outside worship spaces remains protected.