Federal · Title 38 — Veterans’ Benefits

38 U.S.C. § 2413: Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery

Misdemeanor

What this law says, in plain English

Federal law prohibits unapproved demonstrations at National Cemetery Administration cemeteries and Arlington National Cemetery, or certain disruptive conduct near them. Violations are punishable by fine or up to one year imprisonment.

Read the full statutory text
to carry out a demonstration on the property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located; or the boundary of such cemetery; and a road, pathway, or other route of ingress to or egress from such cemetery; and that is not part of such funeral, memorial service, or ceremony and that disturbs or tends to disturb the peace or good order of such funeral, memorial service, or ceremony; and with the intent of disturbing the peace or good order of such funeral, memorial service, or ceremony; or is within 500 feet of the boundary of such cemetery; and willfully and without proper authorization impeding or tending to impede the access to or egress from such cemetery; and with the intent to impede the access to or egress from such cemetery. Any person who violates subsection (a) shall be fined under title 18 or imprisoned for not more than one year, or both. to prevent and restrain violations of this section; and for the adjudication of any claims for relief under this section. The Attorney General of the United States may institute proceedings under this section. sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and recover damages as provided in subsection (d) and the cost of the suit, including reasonable attorneys’ fees. A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the United States. In addition to any penalty imposed under subsection (b), a violator of this section is liable in an action under subsection (c) for actual or statutory damages as provided in this subsection. A person bringing an action under subsection (c)(3) may elect, at any time before final judgment is rendered, to recover the actual damages suffered by him or her as a result of the violation or, instead of actual damages, an award of statutory damages for each violation involved in the action. In any action brought under subsection (c)(2), the Attorney General is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection (c)(3). A court may award, as the court considers just, statutory damages in a sum of not less than $25,000 or more than $50,000 per violation. disturb or tend to disturb the peace or good order of such funeral, memorial service, or ceremony; or impede or tend to impede the access to or egress from such funeral, memorial service, or ceremony. any picketing or similar conduct; any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral, memorial service, or ceremony; the display of any placard, banner, flag, or similar device, unless such a display is part of a funeral, memorial service, or ceremony; and the distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral, memorial service, or ceremony; and the term “immediate family” means, with respect to a person, the immediate family members of such person, as such term is defined in section 115 of title 18 .

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.