TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE
HEAD
Sec. 1513. Retaliating against a witness, victim, or an informant
STATUTE
(a)(1) Whoever kills or attempts to kill another person with
intent to retaliate against any person for -
(A) the attendance of a witness or party at an official
proceeding, or any testimony given or any record, document, or
other object produced by a witness in an official proceeding; or
(B) providing to a law enforcement officer any information
relating to the commission or possible commission of a Federal
offense or a violation of conditions of probation, supervised
release, parole, or release pending judicial proceedings,
shall be punished as provided in paragraph (2).
(2) The punishment for an offense under this subsection is -
(A) in the case of a killing, the punishment provided in
sections 1111 and 1112; and
(B) in the case of an attempt, imprisonment for not more than
30 years.
(b) Whoever knowingly engages in any conduct and thereby causes
bodily injury to another person or damages the tangible property of
another person, or threatens to do so, with intent to retaliate
against any person for -
(1) the attendance of a witness or party at an official
proceeding, or any testimony given or any record, document, or
other object produced by a witness in an official proceeding; or
(2) any information relating to the commission or possible
commission of a Federal offense or a violation of conditions of
probation, supervised release, parole, or release pending
judicial proceedings given by a person to a law enforcement
officer;
or attempts to do so, shall be fined under this title or imprisoned
not more than 20 years, or both.
(c) If the retaliation occurred because of attendance at or
testimony in a criminal case, the maximum term of imprisonment
which may be imposed for the offense under this section shall be
the higher of that otherwise provided by law or the maximum term
that could have been imposed for any offense charged in such case.
(d) There is extraterritorial Federal jurisdiction over an
offense under this section.
(e) Whoever knowingly, with the intent to retaliate, takes any
action harmful to any person, including interference with the
lawful employment or livelihood of any person, for providing to a
law enforcement officer any truthful information relating to the
commission or possible commission of any Federal offense, shall be
fined under this title or imprisoned not more than 10 years, or
both.
(f) Whoever conspires to commit any offense under this section
shall be subject to the same penalties as those prescribed for the
offense the commission of which was the object of the conspiracy.
(g) A prosecution under this section may be brought in the
district in which the official proceeding (whether pending, about
to be instituted, or completed) was intended to be affected, or in
which the conduct constituting the alleged offense occurred.
SOURCE
(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1250;
amended Pub. L. 103-322, title VI, Sec. 60017, title XXXIII, Sec.
330016(1)(U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L. 104-
214, Sec. 1(1), Oct. 1, 1996, 110 Stat. 3017; Pub. L. 107-204,
title XI, Sec. 1107(a), July 30, 2002, 116 Stat. 810; Pub. L. 107-
273, div. B, title III, Sec. 3001(b), (c)(2), title IV, Sec.
4002(b)(4), Nov. 2, 2002, 116 Stat. 1804, 1807; Pub. L. 110-177,
title II, Secs. 204, 206, Jan. 7, 2008, 121 Stat. 2537.)
AMENDMENTS
2008 - Subsec. (a)(1)(B). Pub. L. 110-177, Sec. 206(1), inserted
comma after "probation" and struck out comma after "release,".
Subsec. (a)(2)(B). Pub. L. 110-177, Sec. 206(2), substituted "30
years" for "20 years".
Subsec. (b). Pub. L. 110-177, Sec. 206(3)(B), substituted "20
years" for "ten years" in concluding provisions.
Subsec. (b)(2). Pub. L. 110-177, Sec. 206(3)(A), inserted comma
after "probation" and struck out comma after "release,".
Subsecs. (e), (f). Pub. L. 110-177, Sec. 206(4), redesignated
subsec. (e) relating to conspiracy to commit any offense under this
section as (f).
Subsec. (g). Pub. L. 110-177, Sec. 204, added subsec. (g).
2002 - Subsecs. (a)(1)(B), (b)(2). Pub. L. 107-273, Sec.
3001(c)(2), inserted "supervised release," after "probation".
Subsec. (d). Pub. L. 107-273, Sec. 4002(b)(4), transferred
subsec. (d) to appear after subsec. (c).
Subsec. (e). Pub. L. 107-273, Sec. 3001(b), added subsec. (e)
relating to conspiracy to commit any offense under this section.
Pub. L. 107-204 added subsec. (e) relating to taking of action
harmful to any person for providing law enforcement officer
truthful information relating to commission of offense.
1996 - Subsec. (c). Pub. L. 104-214, Sec. 1(1)(B), added subsec.
(c) at end.
Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec. (c) as (d).
Subsec. (d). Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec.
(c) as (d).
1994 - Subsec. (a). Pub. L. 103-322, Sec. 60017(2), added subsec.
(a). Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted
"fined under this title" for "fined not more than $250,000" in
concluding provisions.
Pub. L. 103-322, Sec. 60017(1), redesignated subsec. (a) as (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 103-322, Sec. 60017(1), redesignated subsec.
(b) as (c).
EFFECTIVE DATE
Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97-
291, set out as a note under section 1512 of this title.
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