---
kind: "section"
citation: "18 U.S.C. § 1388"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "1388"
heading: "Prohibition on disruptions of funerals of members or former members of the Armed Forces"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/1388"
units:
  - "Part I — Crimes"
  - "Chapter 67 — Military and Navy"
---

# §1388. Prohibition on disruptions of funerals of members or former members of the Armed Forces

- (a) **Prohibition.—** For any funeral of a member or former member of the Armed Forces that is not located at a cemetery under the control of the National Cemetery Administration or part of Arlington National Cemetery, it shall be unlawful for any [person](/usc/18/229F.md?p=5) to engage in an activity during the period beginning 120 minutes before and ending 120 minutes after such funeral, any part of which activity—
  - (1)
    - (A) takes place within the boundaries of the location of such funeral or takes place within 300 feet of the point of the intersection between—
      - (i) the boundary of the location of such funeral; and
      - (ii) a road, pathway, or other route of ingress to or egress from the location of such funeral; and
    - (B) includes any individual willfully making or assisting in the making of any noise or diversion—
      - (i) that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral; and
      - (ii) with the intent of disturbing the peace or good order of such funeral;
  - (2)
    - (A) is within 500 feet of the boundary of the location of such funeral; and
    - (B) includes any individual—
      - (i) willfully and without proper authorization impeding or tending to impede the access to or egress from such location; and
      - (ii) with the intent to impede the access to or egress from such location; or
  - (3) is on or near the boundary of the residence, home, or domicile of any surviving member of the deceased [person](/usc/18/229F.md?p=5)’s immediate family and includes any individual willfully making or assisting in the making of any noise or diversion—
    - (A) that disturbs or tends to disturb the peace of the [persons](/usc/18/229F.md?p=5) located at such location; and
    - (B) with the intent of disturbing such peace.
- (b) **Penalty.—** Any [person](/usc/18/229F.md?p=5) who violates [subsection (a)](#a) shall be fined under this title or imprisoned for not more than 1 year, or both.
- (c) **Civil Remedies.—**
  - (1) **District courts.—** The district courts of the [United States](/usc/18/229F.md?p=9) shall have jurisdiction—
    - (A) to prevent and restrain violations of this section; and
    - (B) for the adjudication of any claims for relief under this section.
  - (2) **Attorney general.—** The [Attorney General](/usc/18/841.md?p=k) may institute proceedings under this section.
  - (3) **Claims.—** Any [person](/usc/18/229F.md?p=5), including a surviving member of the deceased [person](/usc/18/229F.md?p=5)’s immediate family, who suffers injury as a result of conduct that violates this section may—
    - (A) sue therefor in any appropriate [United States](/usc/18/229F.md?p=9) district court or in any [court of competent jurisdiction](/usc/18/2711.md?p=3); and
    - (B) recover damages as provided in [subsection (d)](#d) and the cost of the suit, including reasonable attorneys’ fees.
  - (4) **Estoppel.—** A final judgment or decree rendered in favor of the [United States](/usc/18/229F.md?p=9) in any criminal proceeding brought by the [United States](/usc/18/229F.md?p=9) 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](/usc/18/229F.md?p=5) or by the [United States](/usc/18/229F.md?p=9).
- (d) **Actual and Statutory Damages.—**
  - (1) **In general.—** In addition to any penalty imposed under [subsection (b)](#b), a violator of this section is liable in an action under [subsection (c)](#c) for actual or statutory damages as provided in this subsection.
  - (2) **Actions by private persons.—** A [person](/usc/18/229F.md?p=5) bringing an action under [subsection (c)(3)](#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.
  - (3) **Actions by attorney general.—** In any action under [subsection (c)(2)](#c-2), the [Attorney General](/usc/18/841.md?p=k) is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under [subsection (c)(3)](#c-3).
  - (4) **Statutory damages.—** 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.
- (e) **Rebuttable Presumption.—** It shall be a rebuttable presumption that the violation was committed willfully for purposes of determining relief under this section if the violator, or a [person](/usc/18/229F.md?p=5) acting in concert with the violator, did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or [person](/usc/18/229F.md?p=5) would not disturb or tend to disturb the peace or good order of such funeral, impede or tend to impede the access to or egress from such funeral, or disturb or tend to disturb the peace of any surviving member of the deceased [person](/usc/18/229F.md?p=5)’s immediate family who may be found on or near the residence, home, or domicile of the deceased [person](/usc/18/229F.md?p=5)’s immediate family on the date of the service or ceremony.
- (f) **Definitions.—** In this section—
  - (1) the term “Armed Forces” has the meaning given the term in [section 101 of title 10](/usc/10/101.md) and includes [members](/usc/18/1093.md?p=4) and former [members](/usc/18/1093.md?p=4) of the National Guard who were employed in the service of the [United States](/usc/18/229F.md?p=9); and
  - (2) the term “immediate family” means, with respect to a [person](/usc/18/229F.md?p=5), the immediate family [members](/usc/18/1093.md?p=4) of such [person](/usc/18/229F.md?p=5), as such term is defined in [section 115 of this title](/usc/18/115.md).

## Source credit

(Added Pub. L. 109–464, § 1(a), Dec. 22, 2006, 120 Stat. 3480; amended Pub. L. 112–154, title VI, § 601(b), Aug. 6, 2012, 126 Stat. 1196.)

## Notes

### Editorial Notes

### Amendments

2012—Pub. L. 112–154 amended section generally. Prior to amendment, section prohibited disruptions of funerals of members or former members of the Armed Forces during period beginning 60 minutes before and ending 60 minutes after such funerals within funeral boundaries, within 150 feet of certain intersections or within 300 feet of funeral boundaries and provided criminal penalties and definitions.

### Statutory Notes and Related Subsidiaries

### Purpose and Authority

Pub. L. 112–154, title VI, § 601(a), Aug. 6, 2012, 126 Stat. 1195, provided that: Purpose.—The purpose of this section [amending this section and section 2413 of Title 38, Veterans’ Benefits] is to provide necessary and proper support for the recruitment and retention of the Armed Forces and militia employed in the service of the United States by protecting the dignity of the service of the members of such Forces and militia, and by protecting the privacy of their immediate family members and other attendees during funeral services for such members. Constitutional authority.—Congress finds that this section is a necessary and proper exercise of its powers under the Constitution, article I, section 8, paragraphs 1, 12, 13, 14, 16, and 18, to provide for the common defense, raise and support armies, provide and maintain a navy, make rules for the government and regulation of the land and naval forces, and provide for organizing and governing such part of the militia as may be employed in the service of the United States.”