What is the FACE Act Law? Federal Protection Against Violence and Intimidation—Criminal Penalties and Nationwide Enforcement Explained
The FACE Act (Freedom of Access to Clinic Entrances Act), codified at 18 U.S.C. § 248, is a federal law enacted in 1994 that prohibits violence, threats, intimidation, and property damage targeting individuals seeking or providing reproductive health services, as well as individuals at places of religious worship—the law is enforced by the Department of Justice and Federal Bureau of Investigation and carries criminal penalties including up to 11 years imprisonment for violent conduct and fines up to $250,000.
The Department of Justice has filed more than 15 FACE actions in more than a dozen states since the law’s enactment, demonstrating federal commitment to protecting constitutional rights and public safety at covered facilities.
How the Law Works
Understanding What the FACE Act Protects
The FACE Act—a federal law protecting certain individuals and facilities from violence and intimidation—applies nationwide and covers three categories of protected conduct. First, it protects individuals obtaining or providing reproductive health services at facilities including hospitals, clinics, physician offices, and other locations providing medical, surgical, counseling, or referral services related to pregnancy.
Second, the law protects any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship. Third, the statute safeguards the property of both reproductive health facilities and places of worship from intentional damage or destruction.
“Reproductive health services” encompasses more than abortion—it includes all medical services, counseling, and referrals related to the human reproductive system and pregnancy. “Interfere with” means to restrict a person’s freedom of movement, establishing that physical obstruction violates federal law even without violence.
Prohibited Conduct and Criminal Penalties
Federal law prohibits specific conduct at protected facilities. Using force or threat of force or physical obstruction to intentionally injure, intimidate or interfere with protected individuals violates the FACE Act, regardless of whether violence occurs.
The statute establishes a tiered penalty structure based on conduct severity. For nonviolent physical obstruction as a first offense, penalties include fines up to $10,000 and imprisonment up to six months. Subsequent nonviolent obstruction offenses carry fines up to $25,000 and imprisonment up to 18 months.
If bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life. These severe penalties reflect congressional determination that violence targeting protected facilities threatens constitutional rights and public safety.
Property damage or destruction motivated by a facility’s provision of reproductive health services or a place’s status as religious worship location also violates the Act. Attempting to commit prohibited conduct carries the same penalties as completed violations.
Federal Enforcement Mechanisms
The Department of Justice Civil Rights Division has served a pivotal role in enforcing the Freedom of Access to Clinic Entrances Act, working closely with United States Attorneys’ offices and state attorneys general to investigate and prosecute violations.
The Federal Bureau of Investigation investigates alleged FACE Act violations as civil rights crimes. When evidence supports prosecution, U.S. Attorneys bring criminal charges in federal court. Jurisdiction—the legal authority a court has to hear a case—depends on whether the conduct occurred at a protected facility as defined by federal statute.
The Department of Justice can also pursue civil enforcement by seeking injunctions—court orders prohibiting certain conduct. The Section has obtained temporary restraining orders and preliminary and permanent injunctions under the FACE and has won civil contempt motions for violations of these injunctions.
Similar to the James Hodges lawsuit, which addressed First and Fourth Amendment violations and federal civil rights protections, FACE Act enforcement demonstrates how federal law safeguards constitutional rights when state or local protection proves insufficient.
Common Scenarios
Violence or Threats Targeting Protected Individuals
In typical FACE Act violations involving reproductive health services, individuals use force or threats to intimidate someone seeking medical care at a clinic. Federal prosecutors bring criminal charges under 18 U.S.C. § 248, seeking imprisonment and fines proportional to harm severity.
What is unique about the statute is the motive requirement—the government must show that an individual engaged in the offense conduct for the purpose of injuring, intimidating or interfering with persons seeking or providing reproductive health services. Intent matters as much as action under federal law.
Obstruction and Intimidation at Protected Facilities
When protesters physically block access to protected facilities, they may violate the FACE Act’s prohibition on obstruction even without using violence. Physical obstruction that restricts freedom of movement violates federal law when done intentionally to interfere with protected individuals.
Federal law distinguishes between lawful protest—protected by the First Amendment—and unlawful obstruction or intimidation prohibited by the FACE Act. Standing outside a facility expressing viewpoints remains protected speech. Blocking entrance, physically restraining patients or staff, or threatening violence crosses into criminal conduct.
Property Damage Motivated by Protected Status
Property damage at places of religious worship violates federal law when motivated by the victim’s religious beliefs or intended to intimidate the congregation. Intentionally damaging or destroying the property of a place of religious worship subjects violators to the same penalties as violence against individuals.
Federal prosecution of FACE Act violations demonstrates law enforcement commitment to protecting constitutional rights. Courts have consistently upheld the Act against constitutional challenges, recognizing Congress’s authority to protect interstate commerce and civil rights.
What People Get Wrong
Many believe the FACE Act only protects abortion clinics—this is false. The statute protects individuals at facilities providing reproductive health services and places of religious worship, establishing federal protections for multiple categories beyond abortion.
Some assume state and local laws don’t apply if federal law covers the conduct. Nothing in this section shall be construed to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this section, or to preempt State or local laws that may provide such penalties or remedies. Federal and state laws operate concurrently—violators can face both federal and state prosecution.
Others mistakenly believe the FACE Act protects all speech and protest activity, or that only violent conduct violates the law while threats and intimidation constitute protected expression. Federal law protects peaceful protest but prohibits threats of force and physical obstruction regardless of viewpoint expressed.
The misconception that federal authorities won’t enforce the FACE Act contradicts documented enforcement history. Between 1994 and 2026, the Department of Justice prosecuted hundreds of defendants for FACE Act violations, obtaining convictions, injunctions, and contempt orders.
What to Do If This Applies to You
If you work at or manage a protected facility, understand the FACE Act’s protections and your obligations to maintain a safe environment. Familiarize yourself with prohibited conduct definitions including violence, threats, intimidation, obstruction, and property damage.
Implement reasonable security measures proportional to facility size and location. Report threats or suspicious activity to the Federal Bureau of Investigation by calling your local FBI field office or using the FBI’s online tips portal. Maintain documentation of incidents including photographs, recordings, written threats, and witness statements.
If you are targeted by conduct you believe violates the FACE Act, report it immediately to federal law enforcement or local police. Preserve evidence before it disappears—photograph damage, save threatening communications, and identify witnesses. Seek medical attention if injured, as bodily harm increases potential penalties for violators.
Any person aggrieved by reason of the conduct prohibited may commence a civil action for relief including temporary, preliminary or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. Private citizens can pursue civil remedies independently of federal prosecution.
When to Consult an Attorney
Before engaging in protest or advocacy activity at protected facilities, consult an attorney to understand what conduct may violate the FACE Act and what activities remain protected speech. The line between lawful expression and prohibited intimidation can be nuanced, and professional guidance protects your rights.
If you receive a federal investigation notice or subpoena related to alleged FACE Act violations, consult an attorney immediately. Federal criminal charges carry serious consequences, and early legal representation significantly impacts case outcomes.
If you manage a protected facility and have questions about security obligations or compliance, consult an attorney. Many attorneys offer free initial consultations. State bar associations and legal aid organizations help find qualified representation.
Similar to how the Cracker Barrel racism lawsuit demonstrated federal civil rights enforcement through Department of Justice intervention, FACE Act cases show how federal authorities protect constitutional rights when violations occur.
Frequently Asked Questions
What facilities are protected under the FACE Act?
Protected facilities include hospitals, clinics, physician offices, or other facilities that provide reproductive health services, and places of religious worship. The definition encompasses the building or structure where the facility is located, extending protection beyond just the service area.
What conduct is prohibited under the FACE Act?
Prohibited conduct includes using force, threat of force, or physical obstruction to intentionally injure, intimidate, or interfere with individuals obtaining or providing reproductive health services or exercising religious freedom at worship places. Intentionally damaging or destroying property of covered facilities also violates federal law.
What are the penalties for violating the FACE Act?
Penalties vary by offense severity. Nonviolent obstruction carries up to six months imprisonment and $10,000 fines for first offenses, with increased penalties for subsequent violations. Conduct causing bodily injury results in up to 10 years imprisonment. Violations resulting in death carry sentences up to life imprisonment.
How is the FACE Act enforced?
The Department of Justice Criminal Division and Federal Bureau of Investigation investigate violations. U.S. Attorneys’ Offices prosecute federal criminal charges. The Department of Justice can seek civil injunctions preventing future violations. State and local law enforcement may also investigate and prosecute conduct violating both FACE Act and state laws.
Does the FACE Act protect all speech and protest activity?
No. The FACE Act protects individuals and facilities from violence, threats, intimidation, and obstruction—it does not regulate protected speech or peaceful protest. Nothing in this section shall be construed to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment. Expressing viewpoints peacefully remains constitutionally protected.
Can I sue someone for violating the FACE Act?
Yes. Federal law allows aggrieved individuals to bring civil actions seeking injunctive relief, compensatory and punitive damages, and attorney fees. These civil remedies exist alongside criminal prosecution—victims can pursue both simultaneously. Civil actions provide additional accountability beyond criminal penalties.
Last Updated: January 18, 2026
Disclaimer: This article is for informational purposes only and does not constitute legal advice; consult an attorney for guidance on your specific situation or questions about FACE Act compliance.
Understand what facilities and individuals the FACE Act protects, recognize prohibited conduct, know how to report violations to federal authorities, understand civil remedies available to victims, and consult an attorney if you have compliance questions or are targeted by conduct violating federal law.
Stay informed, stay protected. — AllAboutLawyer.com
Citations and Official Sources
- 18 U.S.C. § 248 – Freedom of Access to Clinic Entrances Act (FACE Act), United States Code Title 18, Part I, Chapter 13. Available at www.law.cornell.edu/uscode/text/18/248
- U.S. Department of Justice Civil Rights Division – Freedom of Access to Clinic Entrances & Places of Religious Worship. Available at www.justice.gov/crt/freedom-access-clinic-entrances-places-religious-worship
- U.S. Department of Justice Civil Rights Division – Protecting Patients and Health Care Providers. Available at www.justice.gov/crt/protecting-patients-and-health-care-providers
- Federal Bureau of Investigation – Civil Rights Violations and FACE Act Enforcement. Report violations to your local FBI field office or through www.fbi.gov
- Pub. L. No. 103-259, 108 Stat. 694 (May 26, 1994) – Original FACE Act legislation signed by President Bill Clinton
- U.S. Courts Official Website – www.uscourts.gov – Federal court jurisdiction and civil rights enforcement information
- State Bar Associations – Attorney referral services and legal guidance (varies by state)
- American Civil Liberties Union (ACLU) – Civil rights protections and FACE Act resources
- American Bar Association (ABA) – Federal criminal law guidance and civil rights resources
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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