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CITE

    18 USC Sec. 115                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 7 - ASSAULT

HEAD

    Sec. 115. Influencing, impeding, or retaliating against a Federal
      official by threatening or injuring a family member

STATUTE

      (a)(1) Whoever -
        (A) assaults, kidnaps, or murders, or attempts or conspires to
      kidnap or murder, or threatens to assault, kidnap or murder a
      member of the immediate family of a United States official, a
      United States judge, a Federal law enforcement officer, or an
      official whose killing would be a crime under section 1114 of
      this title; or
        (B) threatens to assault, kidnap, or murder, a United States
      official, a United States judge, a Federal law enforcement
      officer, or an official whose killing would be a crime under such
      section,
    with intent to impede, intimidate, or interfere with such official,
    judge, or law enforcement officer while engaged in the performance
    of official duties, or with intent to retaliate against such
    official, judge, or law enforcement officer on account of the
    performance of official duties, shall be punished as provided in
    subsection (b).
      (2) Whoever assaults, kidnaps, or murders, or attempts or
    conspires to kidnap or murder, or threatens to assault, kidnap, or
    murder, any person who formerly served as a person designated in
    paragraph (1), or a member of the immediate family of any person
    who formerly served as a person designated in paragraph (1), with
    intent to retaliate against such person on account of the
    performance of official duties during the term of service of such
    person, shall be punished as provided in subsection (b).
      (b)(1) The punishment for an assault in violation of this section
    is -
        (A) a fine under this title; and
        (B)(i) if the assault consists of a simple assault, a term of
      imprisonment for not more than 1 year;
        (ii) if the assault involved physical contact with the victim
      of that assault or the intent to commit another felony, a term of
      imprisonment for not more than 10 years;
        (iii) if the assault resulted in bodily injury, a term of
      imprisonment for not more than 20 years; or
        (iv) if the assault resulted in serious bodily injury (as that
      term is defined in section 1365 of this title, and including any
      conduct that, if the conduct occurred in the special maritime and
      territorial jurisdiction of the United States, would violate
      section 2241 or 2242 of this title) or a dangerous weapon was
      used during and in relation to the offense, a term of
      imprisonment for not more than 30 years.
      (2) A kidnapping, attempted kidnapping, or conspiracy to kidnap
    in violation of this section shall be punished as provided in
    section 1201 of this title for the kidnapping or attempted
    kidnapping of, or a conspiracy to kidnap, a person described in
    section 1201(a)(5) of this title.
      (3) A murder, attempted murder, or conspiracy to murder in
    violation of this section shall be punished as provided in sections
    1111, 1113, and 1117 of this title.
      (4) A threat made in violation of this section shall be punished
    by a fine under this title or imprisonment for a term of not more
    than 10 years, or both, except that imprisonment for a threatened
    assault shall not exceed 6 years.
      (c) As used in this section, the term -
        (1) "Federal law enforcement officer" means any officer, agent,
      or employee of the United States authorized by law or by a
      Government agency to engage in or supervise the prevention,
      detection, investigation, or prosecution of any violation of
      Federal criminal law;
        (2) "immediate family member" of an individual means -
          (A) his spouse, parent, brother or sister, child or person to
        whom he stands in loco parentis; or
          (B) any other person living in his household and related to
        him by blood or marriage;
        (3) "United States judge" means any judicial officer of the
      United States, and includes a justice of the Supreme Court and a
      United States magistrate judge; and
        (4) "United States official" means the President, President-
      elect, Vice President, Vice President-elect, a Member of
      Congress, a member-elect of Congress, a member of the executive
      branch who is the head of a department listed in 5 U.S.C. 101, or
      the Director of the Central Intelligence Agency.
      (d) This section shall not interfere with the investigative
    authority of the United States Secret Service, as provided under
    sections 3056, 871, and 879 of this title.

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 1008(a), Oct. 12, 1984, 98
    Stat. 2140; amended Pub. L. 99-646, Secs. 37(a), 60, Nov. 10, 1986,
    100 Stat. 3599, 3613; Pub. L. 100-690, title VI, Sec. 6487(f)[b],
    Nov. 18, 1988, 102 Stat. 4386; Pub. L. 101-647, title XXXV, Sec.
    3508, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 101-650, title III,
    Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322, title
    XXXIII, Secs. 330016(2)(C), 330021(1), Sept. 13, 1994, 108 Stat.
    2148, 2150; Pub. L. 104-132, title VII, Secs. 723(a), 727(b), Apr.
    24, 1996, 110 Stat. 1300, 1302; Pub. L. 107-273, div. B, title IV,
    Sec. 4002(b)(9), div. C, title I, Sec. 11008(c), Nov. 2, 2002, 116
    Stat. 1808, 1818; Pub. L. 110-177, title II, Sec. 208(a), Jan. 7,
    2008, 121 Stat. 2538.)

AMENDMENTS

      2008 - Subsec. (b)(1). Pub. L. 110-177 added par. (1) and struck
    out former par. (1) which read as follows: "An assault in violation
    of this section shall be punished as provided in section 111 of
    this title."
      2002 - Subsec. (b)(2). Pub. L. 107-273, Sec. 4002(b)(9),
    substituted "or attempted kidnapping of, or a conspiracy to kidnap,
    a person" for ", attempted kidnapping, or conspiracy to kidnap of a
    person".
      Subsec. (b)(4). Pub. L. 107-273, Sec. 11008(c), substituted "10"
    for "five" and "6" for "three".
      1996 - Subsec. (a)(1)(A). Pub. L. 104-132, Sec. 723(a)(1),
    inserted "or conspires" after "attempts".
      Subsec. (a)(2). Pub. L. 104-132, Sec. 727(b)(1), which directed
    insertion of ", or threatens to assault, kidnap, or murder, any
    person who formerly served as a person designated in paragraph (1),
    or" after "assaults, kidnaps, or murders, or attempts to kidnap or
    murder", was executed by making the substitution after "assaults,
    kidnaps, or murders, or attempts or conspires to kidnap or murder"
    to reflect the probable intent of Congress and the amendment by
    Pub. L. 104-132, Sec. 723(a)(1). See below.
      Pub. L. 104-132, Sec. 723(a)(1), inserted "or conspires" after
    "attempts".
      Subsec. (b)(2). Pub. L. 104-132, Sec. 723(a)(2), substituted ",
    attempted kidnapping, or conspiracy to kidnap" for "or attempted
    kidnapping" in two places.
      Subsec. (b)(3). Pub. L. 104-132, Sec. 723(a)(3), substituted ",
    attempted murder, or conspiracy to murder" and ", 1113, and 1117"
    for "or attempted murder" and "and 1113", respectively.
      Subsec. (d). Pub. L. 104-132, Sec. 727(b)(2), added subsec. (d).
      1994 - Subsec. (b)(2). Pub. L. 103-322, Sec. 330021(1),
    substituted "kidnapping" for "kidnaping" in two places.
      Subsec. (b)(4). Pub. L. 103-322, Sec. 330016(2)(C), substituted
    "fine under this title" for "fine of not more than $5,000".
      1990 - Subsec. (c)(4). Pub. L. 101-647 substituted "the Central"
    for "The Central".
      1988 - Subsec. (a). Pub. L. 100-690 amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows:
    "Whoever assaults, kidnaps, or murders, or attempts to kidnap or
    murder, or threatens to assault, kidnap or murder a member of the
    immediate family of a United States official, a United States
    judge, a Federal law enforcement officer, or an official whose
    killing would be a crime under section 1114 of this title, or
    threatens to assault, kidnap, or murder, a United States official,
    a United States judge, a Federal law enforcement officer, or an
    official whose killing would be a crime under such section with
    intent to impede, intimidate, interfere with, or retaliate against
    such official, judge or law enforcement officer while engaged in or
    on account of the performance of official duties, shall be punished
    as provided in subsection (b)."
      1986 - Subsec. (a). Pub. L. 99-646, Sec. 60, substituted "section
    1114 of this title, or threatens to assault, kidnap, or murder, a
    United States official, a United States judge, a Federal law
    enforcement officer, or an official whose killing would be a crime
    under such section" for "18 U.S.C. 1114, as amended,", "while
    engaged" for "while he is engaged", and "official duties" for "his
    official duties".
      Subsec. (b)(2). Pub. L. 99-646, Sec. 37(a), inserted "for the
    kidnapping or attempted kidnapping of a person described in section
    1201(a)(5) of this title".

CHANGE OF NAME

      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.
      "United States magistrate judge" substituted for "United States
    magistrate" in subsec. (c)(3) pursuant to section 321 of Pub. L.
    101-650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.

TRANSFER OF FUNCTIONS

      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
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