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CITE

    18 USC Sec. 2231                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 109 - SEARCHES AND SEIZURES

HEAD

    Sec. 2231. Assault or resistance

STATUTE

      (a) Whoever forcibly assaults, resists, opposes, prevents,
    impedes, intimidates, or interferes with any person authorized to
    serve or execute search warrants or to make searches and seizures
    while engaged in the performance of his duties with regard thereto
    or on account of the performance of such duties, shall be fined
    under this title or imprisoned not more than three years, or both;
    and -
      (b) Whoever, in committing any act in violation of this section,
    uses any deadly or dangerous weapon, shall be fined under this
    title or imprisoned not more than ten years, or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Secs. 121, 253, 254, 628
    (Mar. 4, 1909, ch. 321, Sec. 65, 35 Stat. 1100; June 15, 1917, ch.
    30, title XI, Sec. 18, 40 Stat. 230; May 18, 1934, ch. 299, Secs.
    1, 2, 48 Stat. 780, 781; Feb. 8, 1936, ch. 40, 49 Stat. 1105; June
    26, 1936, ch. 830, title I, Sec. 3, 49 Stat. 1940; Reorg. Plan No.
    II, Sec. 4(f), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1433;
    June 13, 1940, ch. 359, 54 Stat. 391).
      Section consolidates section 628 of title 18, U.S.C., 1940 ed.,
    and the portion of section 121 of said title relating to resistance
    of persons authorized to make searches.
      Punishment provided by section 121 of title 18, U.S.C., 1940 ed.,
    was $2,000 fine and imprisonment for 1 year. Section 628 of said
    title was part of Espionage Act of June 15, 1917, ch. 30, title
    XIII, Sec. 1, 40 Stat. 231, prescribing fine of not more than
    $1,000 and imprisonment not exceeding 2 years for resisting
    service, execution of search warrant, or assaulting an officer.
      Section 253 of title 18, U.S.C., 1940 ed., enumerated United
    States marshals, deputies, and assistants, Federal Bureau of
    Investigation agents, and numerous other officers, the killing of
    whom is denounced as a Federal offense.
      Section 254 of title 18, U.S.C., 1940 ed., denounced the
    assaulting of such officers and prescribed punishment therefor
    without regard to nature of duties involved or performed.
      In other words sections 253 and 254 of title 18, U.S.C., 1940
    ed., were not limited to officers executing search warrants.
      Officers enumerated in section 253 of title 18, U.S.C., 1940 ed.,
    were substantially all those who serve or execute search warrants.
    Therefore, the language and punishment under section 254 of said
    title constitute basis of this revised section. No change in
    legislative intent is involved, as the amendments of sections 253
    and 254 of said title are the latest enactments.
      The provisions of section 121 of title 18, U.S.C., 1940 ed.,
    relating to rescue of property from seizing officer or its
    destruction to prevent seizure, are incorporated in sections 2232
    and 2233 of this title.
      Minor changes were made in translation and phraseology.
                                AMENDMENTS
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(K),
    substituted "fined under this title" for "fined not more than
    $5,000".
      Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted
    "fined under this title" for "fined not more than $10,000".
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