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CITE

    18 USC Sec. 879                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 41 - EXTORTION AND THREATS

HEAD

    Sec. 879. Threats against former Presidents and certain other
      persons

STATUTE

      (a) Whoever knowingly and willfully threatens to kill, kidnap, or
    inflict bodily harm upon -
        (1) a former President or a member of the immediate family of a
      former President;
        (2) a member of the immediate family of the President, the
      President-elect, the Vice President, or the Vice President-elect;
        (3) a major candidate for the office of President or Vice
      President, or a member of the immediate family of such candidate;
      or
        (4) a person protected by the Secret Service under section
      3056(a)(6);
    shall be fined under this title or imprisoned not more than 5
    years, or both.
      (b) As used in this section -
        (1) the term "immediate family" means -
          (A) with respect to subsection (a)(1) of this section, the
        wife of a former President during his lifetime, the widow of a
        former President until her death or remarriage, and minor
        children of a former President until they reach sixteen years
        of age; and
          (B) with respect to subsection (a)(2) and (a)(3) of this
        section, a person to whom the President, President-elect, Vice
        President, Vice President-elect, or major candidate for the
        office of President or Vice President -
            (i) is related by blood, marriage, or adoption; or
            (ii) stands in loco parentis;
        (2) the term "major candidate for the office of President or
      Vice President" means a candidate referred to in subsection
      (a)(7) of section 3056 of this title; and
        (3) the terms "President-elect" and "Vice President-elect" have
      the meanings given those terms in section 871(b) of this title.

SOURCE

    (Added Pub. L. 97-297, Sec. 1(a), Oct. 12, 1982, 96 Stat. 1317;
    amended Pub. L. 98-587, Sec. 3(a), Oct. 30, 1984, 98 Stat. 3111;
    Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994,
    108 Stat. 2147; Pub. L. 106-544, Sec. 2(a), (b)(1), Dec. 19, 2000,
    114 Stat. 2715.)

AMENDMENTS

      2000 - Pub. L. 106-544, Sec. 2(b)(1), struck out "protected by
    the Secret Service" after "other persons" in section catchline.
      Subsec. (a). Pub. L. 106-544, Sec. 2(a)(1)-(4), in par. (3),
    substituted "a member of the immediate family" for "the spouse",
    added par. (4), and, in concluding provisions, struck out "who is
    protected by the Secret Service as provided by law," before "shall
    be fined" and substituted "5 years" for "three years".
      Subsec. (b)(1)(B). Pub. L. 106-544, Sec. 2(a)(5), in introductory
    provisions, inserted "and (a)(3)" after "subsection (a)(2)" and
    substituted "Vice President-elect, or major candidate for the
    office of President or Vice President" for "or Vice President-
    elect".
      1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
    title" for "fined not more than $1,000" in concluding provisions.
      1984 - Subsec. (b)(2). Pub. L. 98-587 substituted "subsection
    (a)(7) of section 3056 of this title" for "the first section of the
    joint resolution entitled 'Joint resolution to authorize the United
    States Secret Service to furnish protection to major Presidential
    or Vice Presidential candidates', approved June 6, 1968 (18 U.S.C.
    3056 note)".

TRANSFER OF FUNCTIONS

      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.