
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1995]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 1995. Criminal contempt proceedings; penalties; trial by 
        jury
        
    In all cases of criminal contempt arising under the provisions of 
this Act, the accused, upon conviction, shall be punished by fine or 
imprisonment or both: Provided however, That in case the accused is a 
natural person the fine to be paid shall not exceed the sum of $1,000, 
nor shall imprisonment exceed the term of six months: Provided further, 
That in any such proceeding for criminal contempt, at the discretion of 
the judge, the accused may be tried with or without a jury: Provided 
further, however, That in the event such proceeding for criminal 
contempt be tried before a judge without a jury and the sentence of the 
court upon conviction is a fine in excess of the sum of $300 or 
imprisonment in excess of forty-five days, the accused in said 
proceeding, upon demand therefore, shall be entitled to a trial de novo 
before a jury, which shall conform as near as may be to the practice in 
other criminal cases.
    This section shall not apply to contempts committed in the presence 
of the court or so near thereto as to interfere directly with the 
administration of justice nor to the misbehavior, misconduct, or 
disobedience, of any officer of the court in respect to the writs, 
orders, or process of the court.
    Nor shall anything herein or in any other provision of law be 
construed to deprive courts of their power, by civil contempt 
proceedings, without a jury, to secure compliance with or to prevent 
obstruction of, as distinguished from punishment for violations of, any 
lawful writ, process, order, rule, decree, or command of the court in 
accordance with the prevailing usages of law and equity, including the 
power of detention.

(Pub. L. 85-315, pt. V, Sec. 151, Sept. 9, 1957, 71 Stat. 638.)

                       References in Text

    This Act, referred to in text, is Pub. L. 85-315, Sept. 9, 1957, 71 
Stat. 634, as amended, known as the Civil Rights Act of 1957, which 
enacted this section, sections 1975 to 1975e of this title and section 
295-1 of former Title 5, Executive Departments and Government Officers 
and Employees, repealed section 1993 of this title, amended section 1971 
of this title and sections 1343 and 1861 of Title 28, Judiciary and 
Judicial Procedure, and enacted provisions set out as a note under 
section 1975 of this title. For complete classification of this Act to 
the Code, see Short Title note set out under section 1975 of this title 
and Tables.


                            Cross References

    Jury trial of criminal contempts, see section 3691 of Title 18, 
Crimes and Criminal Procedure.

                  Section Referred to in Other Sections

    This section is referred to in section 1973l of this title.
