18USC111

CITE

18 USC Sec. 111   1/03/95

EXPCITE

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I CRIMES CHAPTER 7 - ASSAULT

HEAD

Sec. 111. Assaulting, resisting, or impeding certain officers or employees

STATUTE

(a) In General. - Whoever -

(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or

(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person's term of service, shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and in all other cases, be fined under this title or imprisoned not more than three years, or both.

(b) Enhanced Penalty. - Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under this title or imprisoned not more than ten years, or both.

SOURCE

(June 25, 1948, ch. 645, 62 Stat. 688; Nov. 18, 1988, Pub. L. 100-690, title VI, Sec. 6487(a), 102 Stat. 4386; Sept. 13, 1994, Pub. L. 103-322, title XXXII, Sec. 320101(a), 108 Stat. 2108.)

MISC1     HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 118, 254 (Mar. 4, 1909, ch. 321, Sec. 62, 35 Stat. 1100; May 18, 1934, ch. 299, Sec. 2, 48 Stat. 781). This section consolidates sections 118 and 254 with changes in phraseology and substance necessary to effect the consolidation. Also the words ''Bureau of Animal Industry of the Department of Agriculture'' appearing in section 118 of title 18, U.S.C., 1940 ed., were inserted in enumeration of Federal officers and employees in section 1114 of this title.

The punishment provision of section 254 of title 18, U.S.C., 1940 ed., was adopted as the latest expression of Congressional intent. This consolidation eliminates a serious incongruity in punishment and application.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, Sec. 320101(a)(1), inserted '', where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and in all other cases,'' after ''shall'' in concluding provisions.

Subsec. (b). Pub. L. 103-322, Sec. 320101(a)(2), inserted ''or inflicts bodily injury'' after ''weapon''.

1988 - Pub. L. 100-690 amended text generally. Prior to amendment, text read as follows: ''Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of his official duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both. ''Whoever, in the commission of any such acts uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.''

CROSS      CROSS REFERENCES

Bank robbery, assault in committing, see section 2113 of this title.

Indians - Assault by Indian in Indian country, see section 1153 of this title. Jurisdiction of offenses by Indians in Indian country, see section 3242 of this title.

Mail clerk or custodian, assault on, see sections 2114 and 2116 of this title. Persons authorized to serve or execute warrants or to make searches and seizures, assault on, see section 2231 of this title.

Piracy, assault on commander as, see section 1655 of this title. Process server, assault on, see section 1501 of this title.

SECREF      SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115, 3050 of this title; title 7 sections 84, 87c; title 16 section 742l; title 19 section 1629; title 22 section 2709; title 25 section 2804; title 42 sections 2000e-13, 2283.