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CITE

    18 USC Sec. 1751                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 84 - PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION,
                  KIDNAPPING, AND ASSAULT

HEAD

    Sec. 1751. Presidential and Presidential staff assassination,
      kidnapping, and assault; penalties

STATUTE

      (a) Whoever kills (1) any individual who is the President of the
    United States, the President-elect, the Vice President, or, if
    there is no Vice President, the officer next in the order of
    succession to the Office of the President of the United States, the
    Vice President-elect, or any person who is acting as President
    under the Constitution and laws of the United States, or (2) any
    person appointed under section 105(a)(2)(A) of title 3 employed in
    the Executive Office of the President or appointed under section
    106(a)(1)(A) of title 3 employed in the Office of the Vice
    President, 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)(1)
    shall be fined under this title, or imprisoned not more than ten
    years, or both. Whoever assaults any person designated in
    subsection (a)(2) 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) The terms "President-elect" and "Vice-President-elect" as
    used in this section shall mean such persons as are the apparent
    successful candidates for the offices of President and Vice
    President, respectively, as ascertained from the results of the
    general elections held to determine the electors of President and
    Vice President in accordance with title 3, United States Code,
    sections 1 and 2.
      (g) The Attorney General of the United States, in his discretion
    is authorized to pay an amount not to exceed $100,000 for
    information and services concerning a violation of subsection
    (a)(1). Any officer or employee of the United States or of any
    State or local government who furnishes information or renders
    service in the performance of his official duties shall not be
    eligible for payment under this subsection.
      (h) 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.
      (i) 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.
      (j) 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 official protected by this section.
      (k) There is extraterritorial jurisdiction over the conduct
    prohibited by this section.

SOURCE

    (Added Pub. L. 89-141, Sec. 1, Aug. 28, 1965, 79 Stat. 580; amended
    Pub. L. 97-285, Secs. 3, 4(a), Oct. 6, 1982, 96 Stat. 1220; Pub. L.
    103-322, title XXXII, Sec. 320101(e), 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)(D), Oct. 11, 1996,
    110 Stat. 3507.)

AMENDMENTS

      1996 - Subsec. (e). Pub. L. 104-294, Sec. 604(b)(12)(D), repealed
    Pub. L. 103-322, Sec. 320101(e)(1), (2). See 1994 Amendment notes
    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)(K), substituted
    "fined under this title" for "fined not more than $5,000" after
    "subsection (a)(2) shall be".
      Pub. L. 103-322, Sec. 330016(1)(L), substituted "fined under this
    title" for "fined not more than $10,000" after "subsection (a)(1)
    shall be" and after "results, shall be".
      Pub. L. 103-322, Sec. 320101(e)(3), inserted "the assault
    involved the use of a dangerous weapon, or" before "personal injury
    results".
       Pub. L. 103-322, Sec. 320101(e)(2), 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)(D).
      Pub. L. 103-322, Sec. 320101(e)(1), 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)(D).
      1982 - Pub. L. 97-285, Sec. 4(a), inserted "and Presidential
    staff" after "Presidential" in section catchline.
      Subsec. (a). Pub. L. 97-285, Sec. 3(a), inserted "(1)" after
    "Whoever kills" and "or (2) any person appointed under section
    105(a)(2)(A) of title 3 employed in the Executive Office of the
    President or appointed under section 106(a)(1)(A) of title 3
    employed in the Office of the Vice President," after "laws of the
    United States".
      Subsec. (e). Pub. L. 97-285, Sec. 3(b), substituted "(a)(1)" for
    "(a)" and inserted provision that whoever assaults any person
    designated in subsec. (a)(2) of this section shall be fined not
    more than $5,000, or imprisoned not more than one year, or both;
    and if personal injury results, shall be fined not more than
    $10,000, or imprisoned not more than ten years, or both.
      Subsec. (g). Pub. L. 97-285, Sec. 3(c), substituted "subsection
    (a)(1)" for "this section" after "a violation of".
      Subsecs. (j), (k). Pub. L. 97-285, Sec. 3(d), added subsecs. (j)
    and (k).
                     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.