TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 7 - ASSAULT
HEAD
Sec. 112. Protection of foreign officials, official guests, and
internationally protected persons
STATUTE
(a) Whoever assaults, strikes, wounds, imprisons, or offers
violence to a foreign official, official guest, or internationally
protected person or makes any other violent attack upon the person
or liberty of such person, or, if likely to endanger his person or
liberty, makes a violent attack upon his official premises, private
accommodation, or means of transport or attempts to commit any of
the foregoing shall be fined under this title or imprisoned not
more than three years, or both. Whoever in the commission of any
such act uses a deadly or dangerous weapon, or inflicts bodily
injury, shall be fined under this title or imprisoned not more than
ten years, or both.
(b) Whoever willfully -
(1) intimidates, coerces, threatens, or harasses a foreign
official or an official guest or obstructs a foreign official in
the performance of his duties;
(2) attempts to intimidate, coerce, threaten, or harass a
foreign official or an official guest or obstruct a foreign
official in the performance of his duties; or
(3) within the United States and within one hundred feet of any
building or premises in whole or in part owned, used, or occupied
for official business or for diplomatic, consular, or residential
purposes by -
(A) a foreign government, including such use as a mission to
an international organization;
(B) an international organization;
(C) a foreign official; or
(D) an official guest;
congregates with two or more other persons with intent to violate
any other provision of this section;
shall be fined under this title or imprisoned not more than six
months, or both.
(c) For the purpose of this section "foreign government",
"foreign official", "internationally protected person",
"international organization", "national of the United States", and
"official guest" shall have the same meanings as those provided in
section 1116(b) of this title.
(d) Nothing contained in this section shall be construed or
applied so as to abridge the exercise of rights guaranteed under
the first amendment to the Constitution of the United States.
(e) If the victim of an offense under subsection (a) is an
internationally protected person outside the United States, the
United States may exercise jurisdiction over the offense if (1) the
victim is a representative, officer, employee, or agent of the
United States, (2) an offender is a national of the United States,
or (3) an offender is afterwards found in the United States. As
used in this subsection, the United States includes all areas under
the jurisdiction of the United States including any of the places
within the provisions of sections 5 and 7 of this title and section
46501(2) of title 49.
(f) In the course of enforcement of subsection (a) and any other
sections prohibiting a conspiracy or attempt to violate subsection
(a), the Attorney General may request assistance from any Federal,
State, or local agency, including the Army, Navy, and Air Force,
any statute, rule, or regulation to the contrary, notwithstanding.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 88-493, Sec. 1, Aug.
27, 1964, 78 Stat. 610; Pub. L. 92-539, title III, Sec. 301, Oct.
24, 1972, 86 Stat. 1072; Pub. L. 94-467, Sec. 5, Oct. 8, 1976, 90
Stat. 1999; Pub. L. 95-163, Sec. 17(b)(1), Nov. 9, 1977, 91 Stat.
1286; Pub. L. 95-504, Sec. 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub.
L. 100-690, title VI, Sec. 6478, Nov. 18, 1988, 102 Stat. 4381;
Pub. L. 103-272, Sec. 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub.
L. 103-322, title XXXII, Sec. 320101(b), title XXXIII, Sec.
330016(1)(G), (K), Sept. 13, 1994, 108 Stat. 2108, 2147; Pub. L.
104-132, title VII, Sec. 721(d), Apr. 24, 1996, 110 Stat. 1298;
Pub. L. 104-294, title VI, Sec. 604(b)(12)(A), Oct. 11, 1996, 110
Stat. 3507.)
HISTORICAL AND REVISION NOTES
Based on section 255 of title 22, U.S.C., 1940 ed., Foreign
Relations and Intercourse (R.S. Sec. 4062).
Punishment provision was rewritten to make it more definite by
substituting a maximum of $5,000 in lieu of the words "fined at the
discretion of the court." As thus revised this provision conforms
with the first punishment provision of section 111 of this title.
So, also, the greater punishment provided by the second paragraph
of section 111 was added to this section for offenses involving the
use of dangerous weapons.
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-294 repealed Pub. L. 103-322,
Sec. 320101(b)(1). See 1994 Amendment note below.
Subsec. (c). Pub. L. 104-132, Sec. 721(d)(1), inserted "
'national of the United States'," before "and 'official guest' ".
Subsec. (e). Pub. L. 104-132, Sec. 721(d)(2), inserted first
sentence and struck out former first sentence which read as
follows: "If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present
within the United States, irrespective of the place where the
offense was committed or the nationality of the victim or the
alleged offender."
1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(K),
substituted "under this title" for "not more than $5,000" before
"or imprisoned not more than three years".
Pub. L. 103-322, Sec. 320101(b)(2), (3), inserted ", or inflicts
bodily injury," after "weapon" and substituted "under this title"
for "not more than $10,000" before "or imprisoned not more than ten
years".
Pub. L. 103-322, Sec. 320101(b)(1), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(K), above, was
repealed by Pub. L. 104-294, Sec. 604(b)(12)(A).
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(G), in concluding
provisions, substituted "under this title" for "not more than
$500".
Subsec. (e). Pub. L. 103-272 substituted "section 46501(2) of
title 49" for "section 101(38) of the Federal Aviation Act of 1958,
as amended (49 U.S.C. 1301(38))".
1988 - Subsec. (b)(3). Pub. L. 100-690 struck out "but outside
the District of Columbia" after "United States".
1978 - Subsec. (e). Pub. L. 95-504 substituted reference to
section 101(38) of the Federal Aviation Act of 1958 for reference
to section 101(35) of such Act.
1977 - Subsec. (e). Pub. L. 95-163 substituted reference to
section 101(35) of the Federal Aviation Act of 1958 for reference
to section 101(34) of such Act.
1976 - Pub. L. 94-467 substituted "official guests, and
internationally protected persons" for "and official guests" in
section catchline.
Subsec. (a). Pub. L. 94-467 substituted "official guest, or
internationally protected person" for "or official guest" and
inserted provision including any other violent attack on the person
or the liberty of such official, guest, or protected person, his
official premises, private accommodation, or means of transport, or
any attempt thereof, as acts subject to fine or imprisonment.
Subsec. (b). Pub. L. 94-467 restructured subsec. (b) and added
pars. (2) and (3).
Subsec. (c). Pub. L. 94-467 redesignated subsec. (d) as (c),
inserted "internationally protected persons", and struck out
reference to section 1116(c) of this title. Former subsec. (c),
which related to punishment for intimidating or harassing
demonstrations against foreign officials or any combination of two
or more persons for such purposes, within one hundred feet of any
buildings or premises owned by a foreign government located within
the United States but outside the District of Columbia, was struck
out.
Subsecs. (d) to (f). Pub. L. 94-467 added subsecs. (e) and (f)
and redesignated former subsecs. (d) and (e) as (c) and (d),
respectively.
1972 - Subsec. (a). Pub. L. 92-539 substituted "Protection of
foreign officials and official guests" for "Assaulting certain
foreign diplomatic and other official personnel" in section
catchline, designated existing provisions as subsec. (a), and
substituted "a foreign official or official guest" for "the person
of a head of foreign state or foreign government, foreign minister,
ambassador or other public minister" and "act" for "acts".
Subsecs. (b) to (e). Pub. L. 92-539 added subsecs. (b) to (e).
1964 - Pub. L. 88-493 included heads of foreign states or
governments and foreign ministers.
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.
SHORT TITLE OF 1976 AMENDMENT
Section 1 of Pub. L. 94-467 provided: "That this Act [enacting
section 878 of this title, amending this section and sections 11,
970, 1116, and 1201 of this title, and enacting provisions set out
as notes under this section] may be cited as the 'Act for the
Prevention and Punishment of Crimes Against Internationally
Protected Persons'."
SHORT TITLE OF 1972 AMENDMENT
Section 1 of Pub. L. 92-539 provided: "That this Act [enacting
sections 970, 1116, and 1117 of this title, amending this section
and section 1201 of this title, and enacting provisions set out as
notes under this section] may be cited as the 'Act for the
Protection of Foreign Officials and Official Guests of the United
States'."
STATE AND LOCAL LAWS NOT SUPERSEDED
Section 10 of Pub. L. 94-467 provided that: "Nothing contained in
this Act [see Short Title of 1976 Amendment note above] shall be
construed to indicate an intent on the part of Congress to occupy
the field in which its provisions operate to the exclusion of the
laws of any State, Commonwealth, territory, possession, or the
District of Columbia, on the same subject matter, nor to relieve
any person of any obligation imposed by any law of any State,
Commonwealth, territory, possession, or the District of Columbia,
including the obligation of all persons having official law
enforcement powers to take appropriate action, such as effecting
arrests, for Federal as well as non-Federal violations."
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
Section 2 of Pub. L. 92-539 provided that:
"The Congress recognizes that from the beginning of our history
as a nation, the police power to investigate, prosecute, and punish
common crimes such as murder, kidnaping, and assault has resided in
the several States, and that such power should remain with the
States.
"The Congress finds, however, that harassment, intimidation,
obstruction, coercion, and acts of violence committed against
foreign officials or their family members in the United States or
against official guests of the United States adversely affect the
foreign relations of the United States.
"Accordingly, this legislation is intended to afford the United
States jurisdiction concurrent with that of the several States to
proceed against those who by such acts interfere with its conduct
of foreign affairs."
FEDERAL PREEMPTION
Section 3 of Pub. L. 92-539 provided that: "Nothing contained in
this Act [see Short Title of 1972 Amendment note above] shall be
construed to indicate an intent on the part of Congress to occupy
the field in which its provisions operate to the exclusion of the
laws of any State, Commonwealth, territory, possession, or the
District of Columbia on the same subject matter, nor to relieve any
person of any obligation imposed by any law of any State,
Commonwealth, territory, possession, or the District of Columbia."
IMMUNITY FROM CRIMINAL PROSECUTION
Section 5 of Pub. L. 88-493 provided that: "Nothing contained in
this Act [amending this section and section 1114 of this title, and
enacting section 170e-1 of former Title 5, Executive Departments
and Government Officers and Employees] shall create immunity from
criminal prosecution under any laws in any State, Commonwealth of
Puerto Rico, territory, possession, or the District of Columbia."
Transactional Records Access
Clearinghouse, Syracuse University
Copyright 2010