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CITE

    18 USC Sec. 351                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 18 - CONGRESSIONAL, CABINET, AND SUPREME COURT
                  ASSASSINATION, KIDNAPPING, AND ASSAULT

HEAD

    Sec. 351. Congressional, Cabinet, and Supreme Court assassination,
      kidnapping, and assault; penalties

STATUTE

      (a) Whoever kills any individual who is a Member of Congress or a
    Member-of-Congress-elect, a member of the executive branch of the
    Government who is the head, or a person nominated to be head during
    the pendency of such nomination, of a department listed in section
    101 of title 5 or the second ranking official in such department,
    the Director (or a person nominated to be Director during the
    pendency of such nomination) or Deputy Director of Central
    Intelligence, a major Presidential or Vice Presidential candidate
    (as defined in section 3056 of this title), or a Justice of the
    United States, as defined in section 451 of title 28, or a person
    nominated to be a Justice of the United States, during the pendency
    of such nomination, shall be punished as provided by sections 1111
    and 1112 of this title.
      (b) Whoever kidnaps any individual designated in subsection (a)
    of this section shall be punished (1) by imprisonment for any term
    of years or for life, or (2) by death or imprisonment for any term
    of years or for life, if death results to such individual.
      (c) Whoever attempts to kill or kidnap any individual designated
    in subsection (a) of this section shall be punished by imprisonment
    for any term of years or for life.
      (d) If two or more persons conspire to kill or kidnap any
    individual designated in subsection (a) of this section and one or
    more of such persons do any act to effect the object of the
    conspiracy, each shall be punished (1) by imprisonment for any term
    of years or for life, or (2) by death or imprisonment for any term
    of years or for life, if death results to such individual.
      (e) Whoever assaults any person designated in subsection (a) of
    this section shall be fined under this title, or imprisoned not
    more than one year, or both; and if the assault involved the use of
    a dangerous weapon, or personal injury results, shall be fined
    under this title, or imprisoned not more than ten years, or both.
      (f) If Federal investigative or prosecutive jurisdiction is
    asserted for a violation of this section, such assertion shall
    suspend the exercise of jurisdiction by a State or local authority,
    under any applicable State or local law, until Federal action is
    terminated.
      (g) Violations of this section shall be investigated by the
    Federal Bureau of Investigation. Assistance may be requested from
    any Federal, State, or local agency, including the Army, Navy, and
    Air Force, any statute, rule, or regulation to the contrary
    notwithstanding.
      (h) In a prosecution for an offense under this section the
    Government need not prove that the defendant knew that the victim
    of the offense was an individual protected by this section.
      (i) There is extraterritorial jurisdiction over the conduct
    prohibited by this section.

SOURCE

    (Added Pub. L. 91-644, title IV, Sec. 15, Jan. 2, 1971, 84 Stat.
    1891; amended Pub. L. 97-285, Secs. 1, 2(a), Oct. 6, 1982, 96 Stat.
    1219; Pub. L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614; Pub.
    L. 100-690, title VII, Sec. 7074, Nov. 18, 1988, 102 Stat. 4405;
    Pub. L. 103-322, title XXXII, Sec. 320101(d), title XXXIII, Secs.
    330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147,
    2150; Pub. L. 104-294, title VI, Sec. 604(b)(12)(C), (c)(2), Oct.
    11, 1996, 110 Stat. 3507, 3509.)

AMENDMENTS

      1996 - Subsec. (e). Pub. L. 104-294, Sec. 604(c)(2), substituted
    "involved the use" for "involved in the use".
      Pub. L. 104-294, Sec. 604(b)(12)(C), repealed Pub. L. 103-322,
    Sec. 320101(d)(3). See 1994 Amendment note below.
      1994 - Pub. L. 103-322, Sec. 330021(1), substituted "kidnapping"
    for "kidnaping" in section catchline.
      Subsec. (e). Pub. L. 103-322, Sec. 330016(1)(L), substituted
    "shall be fined under this title" for "shall be fined not more than
    $10,000" after "personal injury results,".
      Pub. L. 103-322, Sec. 320101(d)(4), substituted "imprisoned not
    more than ten years" for "imprisoned for not more than ten years".
      Pub. L. 103-322, Sec. 320101(d)(3), which provided for amendment
    identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was
    repealed by Pub. L. 104-294, Sec. 604(b)(12)(C).
      Pub. L. 103-322, Sec. 320101(d)(2), inserted "the assault
    involved in the use of a dangerous weapon, or" after "and if".
      Pub. L. 103-322, Secs. 320101(d)(1), 330016(1)(K), amended
    subsec. (e) identically, substituting "shall be fined under this
    title" for "shall be fined not more than $5,000" after "subsection
    (a) of this section".
      1988 - Subsec. (a). Pub. L. 100-690 inserted a comma after
    "section 3056 of this title)".
      1986 - Subsec. (a). Pub. L. 99-646, Sec. 62(1), inserted "a major
    Presidential or Vice Presidential candidate (as defined in section
    3056 of this title)".
      Subsec. (h). Pub. L. 99-646, Sec. 62(2), substituted "individual"
    for "official".
      1982 - Pub. L. 97-285, Sec. 2(a), substituted "Congressional,
    Cabinet, and Supreme Court assassination, kidnaping, and assault;
    penalties" for "Congressional assassination, kidnaping, and
    assault" in section catchline.
      Subsec. (a). Pub. L. 97-285, Sec. 1(a), expanded coverage of
    subsec. (a) to cover the killing of any individual who is a member
    of the executive branch of the Government and the head, or a person
    nominated to be head during the pendency of such nomination, of a
    department listed in section 101 of title 5 or the second ranking
    official in such department, the Director (or a person nominated to
    be Director during the pendency of such nomination) or Deputy
    Director of Central Intelligence, or a Justice of the United
    States, as defined in section 451 of title 28, or a person
    nominated to be a Justice of the United States, during the pendency
    of such nomination.
      Subsecs. (h), (i). Pub. L. 97-285, Sec. 1(b), added subsecs. (h)
    and (i).

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.

MISCELLANEOUS

                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
    section 604(d) of Pub. L. 104-294, set out as a note under section
    13 of this title.
    REPORT TO MEMBER OF CONGRESS ON INVESTIGATION CONDUCTED SUBSEQUENT
                        TO THREAT ON MEMBER'S LIFE
      Pub. L. 95-624, Sec. 19, Nov. 9, 1978, 92 Stat. 3466, provided
    that: "The Federal Bureau of Investigation shall provide a written
    report to a Member of Congress on any investigation conducted based
    on a threat on the Member's life under section 351 of title 18 of
    the United States Code."
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