US (United States) Code. Title 18. Chapter 18: Congressional, Cabinet and Supreme Court Assassination

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure. Kidnapping and Assault

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  • País: Estados Unidos Estados Unidos
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18 USC CHAPTER 18 - CONGRESSIONAL, CABINET, AND SUPREME

COURT ASSASSINATION, KIDNAPPING, AND

ASSAULT 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 18 - CONGRESSIONAL, CABINET, AND SUPREME COURT

ASSASSINATION, KIDNAPPING, AND ASSAULT

.

-HEAD-

CHAPTER 18 - CONGRESSIONAL, CABINET, AND SUPREME COURT

ASSASSINATION, KIDNAPPING, AND ASSAULT

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Sec.

351. Congressional, Cabinet, and Supreme Court assassination,

kidnapping, and assault; penalties.

AMENDMENTS

1994 - Pub. L. 103-322, title XXXIII, Sec. 330021(1), Sept. 13,

1994, 108 Stat. 2150, which directed the amendment of this title

''by striking 'kidnaping' each place it appears and inserting

'kidnapping' '', was executed by substituting ''KIDNAPPING'' for

''KIDNAPING'' in chapter heading, to reflect the probable intent of

Congress.

Pub. L. 103-322, title XXXIII, Sec. 330021(1), Sept. 13, 1994,

108 Stat. 2150, substituted ''kidnapping'' for ''kidnaping'' in

item 351.

1982 - Pub. L. 97-285, Sec. 2(b), (c), Oct. 6, 1982, 96 Stat.

1219, substituted ''CONGRESSIONAL, CABINET, AND SUPREME COURT

ASSASSINATION, KIDNAPING, AND ASSAULT'' for ''CONGRESSIONAL

ASSASSINATION, KIDNAPING, AND ASSAULT'' as chapter heading and

substituted ''Congressional, Cabinet, and Supreme Court

assassination, kidnaping, and assault: penalties'' for

''Congressional assassination, kidnaping, and assault; penalties''

in item 351.

1971 - Pub. L. 91-644, title IV, Sec. 15, Jan. 2, 1971, 84 Stat.

1891, added chapter 18 and item 351.

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18 USC Sec. 351 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 18 - CONGRESSIONAL, CABINET, AND SUPREME COURT

ASSASSINATION, KIDNAPPING, AND ASSAULT

-HEAD-

Sec. 351. Congressional, Cabinet, and Supreme Court assassination,

kidnapping, and assault; penalties

-STATUTE-

(a) Whoever kills any individual who is a Member of Congress or a

Member-of-Congress-elect, a member of the executive branch of the

Government who is the head, or a person nominated to be head during

the pendency of such nomination, of a department listed in section

101 of title 5 or the second ranking official in such department,

the Director (or a person nominated to be Director during the

pendency of such nomination) or Deputy Director of Central

Intelligence, a major Presidential or Vice Presidential candidate

(as defined in section 3056 of this title), or a Justice of the

United States, as defined in section 451 of title 28, or a person

nominated to be a Justice of the United States, during the pendency

of such nomination, 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) of

this section 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) 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.

(g) 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.

(h) 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 individual protected by this section.

(i) There is extraterritorial jurisdiction over the conduct

prohibited by this section.

-SOURCE-

(Added Pub. L. 91-644, title IV, Sec. 15, Jan. 2, 1971, 84 Stat.

1891; amended Pub. L. 97-285, Sec. 1, 2(a), Oct. 6, 1982, 96 Stat.

1219; Pub. L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614; Pub.

L. 100-690, title VII, Sec. 7074, Nov. 18, 1988, 102 Stat. 4405;

Pub. L. 103-322, title XXXII, Sec. 320101(d), title XXXIII, Sec.

330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147,

2150; Pub. L. 104-294, title VI, Sec. 604(b)(12)(C), (c)(2), Oct.

11, 1996, 110 Stat. 3507, 3509.)

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AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-294, Sec. 604(c)(2), substituted

''involved the use'' for ''involved in the use''.

Pub. L. 104-294, Sec. 604(b)(12)(C), repealed Pub. L. 103-322,

Sec. 320101(d)(3). See 1994 Amendment note 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)(L), substituted

''shall be fined under this title'' for ''shall be fined not more

than $10,000'' after ''personal injury results,''.

Pub. L. 103-322, Sec. 320101(d)(4), substituted ''imprisoned not

more than ten years'' for ''imprisoned for not more than ten

years''.

Pub. L. 103-322, Sec. 320101(d)(3), 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)(C).

Pub. L. 103-322, Sec. 320101(d)(2), inserted ''the assault

involved in the use of a dangerous weapon, or'' after ''and if''.

Pub. L. 103-322, Sec. 320101(d)(1), 330016(1)(K), amended subsec.

(e) identically, substituting ''shall be fined under this title''

for ''shall be fined not more than $5,000'' after ''subsection (a)

of this section''.

1988 - Subsec. (a). Pub. L. 100-690 inserted a comma after

''section 3056 of this title)''.

1986 - Subsec. (a). Pub. L. 99-646, Sec. 62(1), inserted ''a

major Presidential or Vice Presidential candidate (as defined in

section 3056 of this title)''.

Subsec. (h). Pub. L. 99-646, Sec. 62(2), substituted

''individual'' for ''official''.

1982 - Pub. L. 97-285, Sec. 2(a), substituted ''Congressional,

Cabinet, and Supreme Court assassination, kidnaping, and assault;

penalties'' for ''Congressional assassination, kidnaping, and

assault'' in section catchline.

Subsec. (a). Pub. L. 97-285, Sec. 1(a), expanded coverage of

subsec. (a) to cover the killing of any individual who is a member

of the executive branch of the Government and the head, or a person

nominated to be head during the pendency of such nomination, of a

department listed in section 101 of title 5 or the second ranking

official in such department, the Director (or a person nominated to

be Director during the pendency of such nomination) or Deputy

Director of Central Intelligence, or a Justice of the United

States, as defined in section 451 of title 28, or a person

nominated to be a Justice of the United States, during the pendency

of such nomination.

Subsecs. (h), (i). Pub. L. 97-285, Sec. 1(b), added subsecs. (h)

and (i).

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.

REPORT TO MEMBER OF CONGRESS ON INVESTIGATION CONDUCTED SUBSEQUENT

TO THREAT ON MEMBER'S LIFE

Pub. L. 95-624, Sec. 19, Nov. 9, 1978, 92 Stat. 3466, provided

that: ''The Federal Bureau of Investigation shall provide a written

report to a Member of Congress on any investigation conducted based

on a threat on the Member's life under section 351 of title 18 of

the United States Code.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 209, 1956, 2332b, 2339A,

2516, 3286, 3592 of this title; title 5 section 8112.

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