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CITE

    18 USC Sec. 111                                             01/05/2009

EXPCITE

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

HEAD

    Sec. 111. Assaulting, resisting, or impeding certain officers or
      employees

STATUTE

      (a) In General. - Whoever -
        (1) forcibly assaults, resists, opposes, impedes, intimidates,
      or interferes with any person designated in section 1114 of this
      title while engaged in or on account of the performance of
      official duties; or
        (2) forcibly assaults or intimidates any person who formerly
      served as a person designated in section 1114 on account of the
      performance of official duties during such person's term of
      service,
    shall, where the acts in violation of this section constitute only
    simple assault, be fined under this title or imprisoned not more
    than one year, or both, and where such acts involve physical
    contact with the victim of that assault or the intent to commit
    another felony, be fined under this title or imprisoned not more
    than 8 years, or both.
      (b) Enhanced Penalty. - Whoever, in the commission of any acts
    described in subsection (a), uses a deadly or dangerous weapon
    (including a weapon intended to cause death or danger but that
    fails to do so by reason of a defective component) or inflicts
    bodily injury, shall be fined under this title or imprisoned not
    more than 20 years, or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 100-690, title VI,
    Sec. 6487(a), Nov. 18, 1988, 102 Stat. 4386; Pub. L. 103-322, title
    XXXII, Sec. 320101(a), Sept. 13, 1994, 108 Stat. 2108; Pub. L. 104-
    132, title VII, Sec. 727(c), Apr. 24, 1996, 110 Stat. 1302; Pub.
    L. 107-273, div. C, title I, Sec. 11008(b), Nov. 2, 2002, 116 Stat.
    1818; Pub. L. 110-177, title II, Sec. 208(b), Jan. 7, 2008, 121
    Stat. 2538.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Secs. 118, 254 (Mar. 4,
    1909, ch. 321, Sec. 62, 35 Stat. 1100; May 18, 1934, ch. 299, Sec.
    2, 48 Stat. 781).
      This section consolidates sections 118 and 254 with changes in
    phraseology and substance necessary to effect the consolidation.
      Also the words "Bureau of Animal Industry of the Department of
    Agriculture" appearing in section 118 of title 18, U.S.C., 1940
    ed., were inserted in enumeration of Federal officers and employees
    in section 1114 of this title.
      The punishment provision of section 254 of title 18, U.S.C., 1940
    ed., was adopted as the latest expression of Congressional intent.
    This consolidation eliminates a serious incongruity in punishment
    and application.
                                AMENDMENTS
      2008 - Subsec. (a). Pub. L. 110-177 substituted "where such acts
    involve physical contact with the victim of that assault or the
    intent to commit another felony" for "in all other cases" in
    concluding provisions.
      2002 - Subsec. (a). Pub. L. 107-273, Sec. 11008(b)(1),
    substituted "8" for "three" in concluding provisions.
      Subsec. (b). Pub. L. 107-273, Sec. 11008(b)(2), substituted "20"
    for "ten".
      1996 - Subsec. (b). Pub. L. 104-132 inserted "(including a weapon
    intended to cause death or danger but that fails to do so by reason
    of a defective component)" after "deadly or dangerous weapon".
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 320101(a)(1), inserted
    ", where the acts in violation of this section constitute only
    simple assault, be fined under this title or imprisoned not more
    than one year, or both, and in all other cases," after "shall" in
    concluding provisions.
      Subsec. (b). Pub. L. 103-322, Sec. 320101(a)(2), inserted "or
    inflicts bodily injury" after "weapon".
      1988 - Pub. L. 100-690 amended text generally. Prior to
    amendment, text read as follows:
      "Whoever forcibly assaults, resists, opposes, impedes,
    intimidates, or interferes with any person designated in section
    1114 of this title while engaged in or on account of the
    performance of his official duties, shall be fined not more than
    $5,000 or imprisoned not more than three years, or both.
      "Whoever, in the commission of any such acts uses a deadly or
    dangerous weapon, shall be fined not more than $10,000 or
    imprisoned not more than ten years, or both."
                       SHORT TITLE OF 2002 AMENDMENT
      Pub. L. 107-273, div. C, title I, Sec. 11008(a), Nov. 2, 2002,
    116 Stat. 1818, provided that: "This section [amending this
    section, sections 115 and 876 of this title, and provisions set out
    as a note under section 994 of Title 28, Judiciary and Judicial
    Procedure] may be cited as the 'Federal Judiciary Protection Act of
    2002'."
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