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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