TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109 - SEARCHES AND SEIZURES
HEAD
Sec. 2231. Assault or resistance
STATUTE
(a) Whoever forcibly assaults, resists, opposes, prevents,
impedes, intimidates, or interferes with any person authorized to
serve or execute search warrants or to make searches and seizures
while engaged in the performance of his duties with regard thereto
or on account of the performance of such duties, shall be fined
under this title or imprisoned not more than three years, or both;
and -
(b) Whoever, in committing any act in violation of this section,
uses any deadly or dangerous weapon, shall be fined under this
title or imprisoned not more than ten years, or both.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 802; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 121, 253, 254, 628
(Mar. 4, 1909, ch. 321, Sec. 65, 35 Stat. 1100; June 15, 1917, ch.
30, title XI, Sec. 18, 40 Stat. 230; May 18, 1934, ch. 299, Secs.
1, 2, 48 Stat. 780, 781; Feb. 8, 1936, ch. 40, 49 Stat. 1105; June
26, 1936, ch. 830, title I, Sec. 3, 49 Stat. 1940; Reorg. Plan No.
II, Sec. 4(f), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1433;
June 13, 1940, ch. 359, 54 Stat. 391).
Section consolidates section 628 of title 18, U.S.C., 1940 ed.,
and the portion of section 121 of said title relating to resistance
of persons authorized to make searches.
Punishment provided by section 121 of title 18, U.S.C., 1940 ed.,
was $2,000 fine and imprisonment for 1 year. Section 628 of said
title was part of Espionage Act of June 15, 1917, ch. 30, title
XIII, Sec. 1, 40 Stat. 231, prescribing fine of not more than
$1,000 and imprisonment not exceeding 2 years for resisting
service, execution of search warrant, or assaulting an officer.
Section 253 of title 18, U.S.C., 1940 ed., enumerated United
States marshals, deputies, and assistants, Federal Bureau of
Investigation agents, and numerous other officers, the killing of
whom is denounced as a Federal offense.
Section 254 of title 18, U.S.C., 1940 ed., denounced the
assaulting of such officers and prescribed punishment therefor
without regard to nature of duties involved or performed.
In other words sections 253 and 254 of title 18, U.S.C., 1940
ed., were not limited to officers executing search warrants.
Officers enumerated in section 253 of title 18, U.S.C., 1940 ed.,
were substantially all those who serve or execute search warrants.
Therefore, the language and punishment under section 254 of said
title constitute basis of this revised section. No change in
legislative intent is involved, as the amendments of sections 253
and 254 of said title are the latest enactments.
The provisions of section 121 of title 18, U.S.C., 1940 ed.,
relating to rescue of property from seizing officer or its
destruction to prevent seizure, are incorporated in sections 2232
and 2233 of this title.
Minor changes were made in translation and phraseology.
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(K),
substituted "fined under this title" for "fined not more than
$5,000".
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted
"fined under this title" for "fined not more than $10,000".
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