US (United States) Code. Title 18. Chapter 7: Assault

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

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18 USC CHAPTER 7 - ASSAULT 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 7 - ASSAULT

.

-HEAD-

CHAPTER 7 - ASSAULT

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Sec.

111. Assaulting, resisting, or impeding certain officers or

employees.

112. Protection of foreign officials, official guests, and

internationally protected persons.

113. Assaults within maritime and territorial jurisdiction.

114. Maiming within maritime and territorial jurisdiction.

115. Influencing, impeding, or retaliating against a Federal

official by threatening or injuring a family member.

116. Female genital mutilation.

AMENDMENTS

1996 - Pub. L. 104-208, div. C, title VI, Sec. 645(b)(2), Sept.

30, 1996, 110 Stat. 3009-709, added item 116.

1984 - Pub. L. 98-473, title II, Sec. 1008(b), Oct. 12, 1984, 98

Stat. 2140, added item 115.

1976 - Pub. L. 94-467, Sec. 6, Oct. 8, 1976, 90 Stat. 2000,

substituted ''official guests, and internationally protected

persons'' for ''and official guests'' in item 112.

1972 - Pub. L. 92-539, title III, Sec. 302, Oct. 24, 1972, 86

Stat. 1073, substituted ''Protection of foreign officials and

official guests'' for ''Assaulting certain foreign diplomatic and

other official personnel'' in item 112.

1964 - Pub. L. 88-493, Sec. 2, Aug. 27, 1964, 78 Stat. 610,

substituted ''certain foreign diplomatic and other official

personnel'' for ''public minister'' in item 112.

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18 USC Sec. 111 01/06/03

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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 8 years, or both.

(b) Enhanced Penalty. - Whoever, in the commission of any acts

described in subsection (a), uses a deadly or dangerous weapon

(including a weapon intended to cause death or danger but that

fails to do so by reason of a defective component) or inflicts

bodily injury, shall be fined under this title or imprisoned not

more than 20 years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 100-690, title VI,

Sec. 6487(a), Nov. 18, 1988, 102 Stat. 4386; Pub. L. 103-322, title

XXXII, Sec. 320101(a), Sept. 13, 1994, 108 Stat. 2108; Pub. L.

104-132, title VII, Sec. 727(c), Apr. 24, 1996, 110 Stat. 1302;

Pub. L. 107-273, div. C, title I, Sec. 11008(b), Nov. 2, 2002, 116

Stat. 1818.)

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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

2002 - Subsec. (a). Pub. L. 107-273, Sec. 11008(b)(1),

substituted ''8'' for ''three'' in concluding provisions.

Subsec. (b). Pub. L. 107-273, Sec. 11008(b)(2), substituted

''20'' for ''ten''.

1996 - Subsec. (b). Pub. L. 104-132 inserted ''(including a

weapon intended to cause death or danger but that fails to do so by

reason of a defective component)'' after ''deadly or dangerous

weapon''.

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.''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-273, div. C, title I, Sec. 11008(a), Nov. 2, 2002,

116 Stat. 1818, provided that: ''This section (amending this

section, sections 115 and 876 of this title, and provisions set out

as a note under section 994 of Title 28, Judiciary and Judicial

Procedure) may be cited as the 'Federal Judiciary Protection Act of

2002'.''

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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 25 section 2804; title 42 sections 2000e-13, 2283.

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18 USC Sec. 112 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 7 - ASSAULT

-HEAD-

Sec. 112. Protection of foreign officials, official guests, and

internationally protected persons

-STATUTE-

(a) Whoever assaults, strikes, wounds, imprisons, or offers

violence to a foreign official, official guest, or internationally

protected person or makes any other violent attack upon the person

or liberty of such person, or, if likely to endanger his person or

liberty, makes a violent attack upon his official premises, private

accommodation, or means of transport or attempts to commit any of

the foregoing shall be fined under this title or imprisoned not

more than three years, or both. Whoever in the commission of any

such act 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.

(b) Whoever willfully -

(1) intimidates, coerces, threatens, or harasses a foreign

official or an official guest or obstructs a foreign official in

the performance of his duties;

(2) attempts to intimidate, coerce, threaten, or harass a

foreign official or an official guest or obstruct a foreign

official in the performance of his duties; or

(3) within the United States and within one hundred feet of any

building or premises in whole or in part owned, used, or occupied

for official business or for diplomatic, consular, or residential

purposes by -

(A) a foreign government, including such use as a mission to

an international organization;

(B) an international organization;

(C) a foreign official; or

(D) an official guest;

congregates with two or more other persons with intent to violate

any other provision of this section;

shall be fined under this title or imprisoned not more than six

months, or both.

(c) For the purpose of this section ''foreign government'',

''foreign official'', ''internationally protected person'',

''international organization'', ''national of the United States'',

and ''official guest'' shall have the same meanings as those

provided in section 1116(b) of this title.

(d) Nothing contained in this section shall be construed or

applied so as to abridge the exercise of rights guaranteed under

the first amendment to the Constitution of the United States.

(e) If the victim of an offense under subsection (a) is an

internationally protected person outside the United States, the

United States may exercise jurisdiction over the offense if (1) the

victim is a representative, officer, employee, or agent of the

United States, (2) an offender is a national of the United States,

or (3) an offender is afterwards found in the United States. As

used in this subsection, the United States includes all areas under

the jurisdiction of the United States including any of the places

within the provisions of sections 5 and 7 of this title and section

46501(2) of title 49.

(f) In the course of enforcement of subsection (a) and any other

sections prohibiting a conspiracy or attempt to violate subsection

(a), the Attorney General may request assistance from any Federal,

State, or local agency, including the Army, Navy, and Air Force,

any statute, rule, or regulation to the contrary, notwithstanding.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 88-493, Sec. 1, Aug.

27, 1964, 78 Stat. 610; Pub. L. 92-539, title III, Sec. 301, Oct.

24, 1972, 86 Stat. 1072; Pub. L. 94-467, Sec. 5, Oct. 8, 1976, 90

Stat. 1999; Pub. L. 95-163, Sec. 17(b)(1), Nov. 9, 1977, 91 Stat.

1286; Pub. L. 95-504, Sec. 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub.

L. 100-690, title VI, Sec. 6478, Nov. 18, 1988, 102 Stat. 4381;

Pub. L. 103-272, Sec. 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub.

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

330016(1)(G), (K), Sept. 13, 1994, 108 Stat. 2108, 2147; Pub. L.

104-132, title VII, Sec. 721(d), Apr. 24, 1996, 110 Stat. 1298;

Pub. L. 104-294, title VI, Sec. 604(b)(12)(A), Oct. 11, 1996, 110

Stat. 3507.)

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HISTORICAL AND REVISION NOTES

Based on section 255 of title 22, U.S.C., 1940 ed., Foreign

Relations and Intercourse (R.S. Sec. 4062).

Punishment provision was rewritten to make it more definite by

substituting a maximum of $5,000 in lieu of the words ''fined at

the discretion of the court.'' As thus revised this provision

conforms with the first punishment provision of section 111 of this

title. So, also, the greater punishment provided by the second

paragraph of section 111 was added to this section for offenses

involving the use of dangerous weapons.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 repealed Pub. L. 103-322,

Sec. 320101(b)(1). See 1994 Amendment note below.

Subsec. (c). Pub. L. 104-132, Sec. 721(d)(1), inserted ''

'national of the United States','' before ''and 'official guest'

''.

Subsec. (e). Pub. L. 104-132, Sec. 721(d)(2), inserted first

sentence and struck out former first sentence which read as

follows: ''If the victim of an offense under subsection (a) is an

internationally protected person, the United States may exercise

jurisdiction over the offense if the alleged offender is present

within the United States, irrespective of the place where the

offense was committed or the nationality of the victim or the

alleged offender.''

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(K),

substituted ''under this title'' for ''not more than $5,000''

before ''or imprisoned not more than three years''.

Pub. L. 103-322, Sec. 320101(b)(2), (3), inserted '', or inflicts

bodily injury,'' after ''weapon'' and substituted ''under this

title'' for ''not more than $10,000'' before ''or imprisoned not

more than ten years''.

Pub. L. 103-322, Sec. 320101(b)(1), 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)(A).

Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(G), in concluding

provisions, substituted ''under this title'' for ''not more than

$500''.

Subsec. (e). Pub. L. 103-272 substituted ''section 46501(2) of

title 49'' for ''section 101(38) of the Federal Aviation Act of

1958, as amended (49 U.S.C. 1301(38))''.

1988 - Subsec. (b)(3). Pub. L. 100-690 struck out ''but outside

the District of Columbia'' after ''United States''.

1978 - Subsec. (e). Pub. L. 95-504 substituted reference to

section 101(38) of the Federal Aviation Act of 1958 for reference

to section 101(35) of such Act.

1977 - Subsec. (e). Pub. L. 95-163 substituted reference to

section 101(35) of the Federal Aviation Act of 1958 for reference

to section 101(34) of such Act.

1976 - Pub. L. 94-467 substituted ''official guests, and

internationally protected persons'' for ''and official guests'' in

section catchline.

Subsec. (a). Pub. L. 94-467 substituted ''official guest, or

internationally protected person'' for ''or official guest'' and

inserted provision including any other violent attack on the person

or the liberty of such official, guest, or protected person, his

official premises, private accommodation, or means of transport, or

any attempt thereof, as acts subject to fine or imprisonment.

Subsec. (b). Pub. L. 94-467 restructured subsec. (b) and added

pars. (2) and (3).

Subsec. (c). Pub. L. 94-467 redesignated subsec. (d) as (c),

inserted ''internationally protected persons'', and struck out

reference to section 1116(c) of this title. Former subsec. (c),

which related to punishment for intimidating or harassing

demonstrations against foreign officials or any combination of two

or more persons for such purposes, within one hundred feet of any

buildings or premises owned by a foreign government located within

the United States but outside the District of Columbia, was struck

out.

Subsecs. (d) to (f). Pub. L. 94-467 added subsecs. (e) and (f)

and redesignated former subsecs. (d) and (e) as (c) and (d),

respectively.

1972 - Subsec. (a). Pub. L. 92-539 substituted ''Protection of

foreign officials and official guests'' for ''Assaulting certain

foreign diplomatic and other official personnel'' in section

catchline, designated existing provisions as subsec. (a), and

substituted ''a foreign official or official guest'' for ''the

person of a head of foreign state or foreign government, foreign

minister, ambassador or other public minister'' and ''act'' for

''acts''.

Subsecs. (b) to (e). Pub. L. 92-539 added subsecs. (b) to (e).

1964 - Pub. L. 88-493 included heads of foreign states or

governments and foreign ministers.

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.

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-467 provided: ''That this Act (enacting

section 878 of this title, amending this section and sections 11,

970, 1116, and 1201 of this title, and enacting provisions set out

as notes under this section) may be cited as the 'Act for the

Prevention and Punishment of Crimes Against Internationally

Protected Persons'.''

SHORT TITLE OF 1972 AMENDMENT

Section 1 of Pub. L. 92-539 provided: ''That this Act (enacting

sections 970, 1116, and 1117 of this title, amending this section

and section 1201 of this title, and enacting provisions set out as

notes under this section) may be cited as the 'Act for the

Protection of Foreign Officials and Official Guests of the United

States'.''

STATE AND LOCAL LAWS NOT SUPERSEDED

Section 10 of Pub. L. 94-467 provided that: ''Nothing contained

in this Act (see Short Title of 1976 Amendment note above) shall be

construed to indicate an intent on the part of Congress to occupy

the field in which its provisions operate to the exclusion of the

laws of any State, Commonwealth, territory, possession, or the

District of Columbia, on the same subject matter, nor to relieve

any person of any obligation imposed by any law of any State,

Commonwealth, territory, possession, or the District of Columbia,

including the obligation of all persons having official law

enforcement powers to take appropriate action, such as effecting

arrests, for Federal as well as non-Federal violations.''

CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY

Section 2 of Pub. L. 92-539 provided that:

''The Congress recognizes that from the beginning of our history

as a nation, the police power to investigate, prosecute, and punish

common crimes such as murder, kidnaping, and assault has resided in

the several States, and that such power should remain with the

States.

''The Congress finds, however, that harassment, intimidation,

obstruction, coercion, and acts of violence committed against

foreign officials or their family members in the United States or

against official guests of the United States adversely affect the

foreign relations of the United States.

''Accordingly, this legislation is intended to afford the United

States jurisdiction concurrent with that of the several States to

proceed against those who by such acts interfere with its conduct

of foreign affairs.''

FEDERAL PREEMPTION

Section 3 of Pub. L. 92-539 provided that: ''Nothing contained in

this Act (see Short Title of 1972 Amendment note above) shall be

construed to indicate an intent on the part of Congress to occupy

the field in which its provisions operate to the exclusion of the

laws of any State, Commonwealth, territory, possession, or the

District of Columbia on the same subject matter, nor to relieve any

person of any obligation imposed by any law of any State,

Commonwealth, territory, possession, or the District of Columbia.''

IMMUNITY FROM CRIMINAL PROSECUTION

Section 5 of Pub. L. 88-493 provided that: ''Nothing contained in

this Act (amending this section and section 1114 of this title, and

enacting section 170e-1 of former Title 5, Executive Departments

and Government Officers and Employees) shall create immunity from

criminal prosecution under any laws in any State, Commonwealth of

Puerto Rico, territory, possession, or the District of Columbia.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11, 878, 3286 of this

title.

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18 USC Sec. 113 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 7 - ASSAULT

-HEAD-

Sec. 113. Assaults within maritime and territorial jurisdiction

-STATUTE-

(a) Whoever, within the special maritime and territorial

jurisdiction of the United States, is guilty of an assault shall be

punished as follows:

(1) Assault with intent to commit murder, by imprisonment for

not more than twenty years.

(2) Assault with intent to commit any felony, except murder or

a felony under chapter 109A, by a fine under this title or

imprisonment for not more than ten years, or both.

(3) Assault with a dangerous weapon, with intent to do bodily

harm, and without just cause or excuse, by a fine under this

title or imprisonment for not more than ten years, or both.

(4) Assault by striking, beating, or wounding, by a fine under

this title or imprisonment for not more than six months, or both.

(5) Simple assault, by a fine under this title or imprisonment

for not more than six months, or both, or if the victim of the

assault is an individual who has not attained the age of 16

years, by fine under this title or imprisonment for not more than

1 year, or both.

(6) Assault resulting in serious bodily injury, by a fine under

this title or imprisonment for not more than ten years, or both.

(7) Assault resulting in substantial bodily injury to an

individual who has not attained the age of 16 years, by fine

under this title or imprisonment for not more than 5 years, or

both.

(b) As used in this subsection -

(1) the term ''substantial bodily injury'' means bodily injury

which involves -

(A) a temporary but substantial disfigurement; or

(B) a temporary but substantial loss or impairment of the

function of any bodily member, organ, or mental faculty; and

(2) the term ''serious bodily injury'' has the meaning given

that term in section 1365 of this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 94-297, Sec. 3, May

29, 1976, 90 Stat. 585; Pub. L. 99-646, Sec. 87(c)(2), (3), Nov.

10, 1986, 100 Stat. 3623; Pub. L. 99-654, Sec. 3(a)(2), (3), Nov.

14, 1986, 100 Stat. 3663; Pub. L. 103-322, title XVII, Sec.

170201(a)-(d), title XXXII, Sec. 320101(c), title XXXIII, Sec.

330016(2)(B), Sept. 13, 1994, 108 Stat. 2042, 2043, 2108, 2148;

Pub. L. 104-294, title VI, Sec. 604(b)(7), (12)(B), Oct. 11, 1996,

110 Stat. 3507.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 455 (Mar. 4, 1909, ch.

321, Sec. 276, 35 Stat. 1143).

Opening paragraph was added to preserve the jurisdictional

limitation provided for by section 451 of title 18, U.S.C., 1940

ed., now section 7 of this title. (See reviser's note thereunder.)

Phraseology was simplified.

AMENDMENTS

1996 - Pub. L. 104-294, Sec. 604(b)(12)(B), repealed Pub. L.

103-322, Sec. 320101(c)(1)(A), (2)(A). See 1994 Amendment note

below.

Pub. L. 104-294, Sec. 604(b)(7), repealed Pub. L. 103-322, Sec.

170201(c)(1)-(3). See 1994 Amendment note below.

1994 - Pub. L. 103-322, Sec. 330016(2)(B), substituted ''a fine

under this title'' for ''fine of not more than'' through the

immediately following dollar amount wherever appearing.

Pub. L. 103-322, Sec. 320101(c), as amended by Pub. L. 104-294,

Sec. 604(b)(12)(B), which directed the amendment of subsec. (c) by

substituting ''ten years'' for ''five years'' and the amendment of

subsec. (e) by substituting ''six months'' for ''three months'',

were executed by making the substitutions in subsecs. (a)(3) and

(a)(5), respectively, to reflect the probable intent of Congress

and the redesignation of subsecs. (c) and (e) as subsecs. (a)(3)

and (a)(5), respectively. See below.

Pub. L. 103-322, Sec. 170201(a)-(d), as amended by Pub. L.

104-294, Sec. 604(b)(7), designated existing provisions as subsec.

(a), redesignated former subsecs. (a) to (f) as pars. (1) to (6),

respectively of subsec. (a) and realigned margins, inserted before

period at end of par. (5) '', or if the victim of the assault is an

individual who has not attained the age of 16 years, by fine under

this title or imprisonment for not more than 1 year, or both'', and

added subsecs. (a)(7) and (b).

1986 - Subsec. (a). Pub. L. 99-646, Sec. 87(c)(2), and Pub. L.

99-654, Sec. 3(a)(2), amended subsec. (a) identically, striking out

''or rape'' after ''murder''.

Subsec. (b). Pub. L. 99-646, Sec. 87(c)(3), and Pub. L. 99-654,

Sec. 3(a)(3), amended subsec. (b) identically, substituting ''a

felony under chapter 109A'' for ''rape''.

1976 - Subsec. (f). Pub. L. 94-297 added subsec. (f).

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.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective

respectively 30 days after Nov. 10, 1986, and 30 days after Nov.

14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub.

L. 99-654, set out as an Effective Date note under section 2241 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1113, 3559, 5032 of this

title; title 49 section 46506.

-CITE-

18 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 7 - ASSAULT

-HEAD-

Sec. 114. Maiming within maritime and territorial jurisdiction

-STATUTE-

Whoever, within the special maritime and territorial jurisdiction

of the United States, and with intent to torture (as defined in

section 2340), maim, or disfigure, cuts, bites, or slits the nose,

ear, or lip, or cuts out or disables the tongue, or puts out or

destroys an eye, or cuts off or disables a limb or any member of

another person; or

Whoever, within the special maritime and territorial jurisdiction

of the United States, and with like intent, throws or pours upon

another person, any scalding water, corrosive acid, or caustic

substance -

Shall be fined under this title or imprisoned not more than

twenty years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 689; May 24, 1949, ch. 139, Sec.

3, 63 Stat. 90; Pub. L. 98-473, title II, Sec. 1009A, Oct. 12,

1984, 98 Stat. 2141; Pub. L. 101-647, title XXXV, Sec. 3507, Nov.

29, 1990, 104 Stat. 4922; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(O), Sept. 13, 1994, 108 Stat. 2148; Pub. L. 104-132,

title VII, Sec. 705(a)(1), Apr. 24, 1996, 110 Stat. 1295.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 462 (Mar. 4, 1909, ch.

321, Sec. 283, 35 Stat. 1144).

The words ''within the special maritime and territorial

jurisdiction of the United States, and'' were added to preserve

jurisdictional limitation provided for by section 451 of title 18,

U.S.C., 1940 ed., now section 7 of this title. (See reviser's note

thereunder.)

Changes in phraseology were made.

1949 ACT

This section (section 3) corrects a typographical error in

section 114 of title 18, U.S.C.

AMENDMENTS

1996 - Pub. L. 104-132 substituted ''torture (as defined in

section 2340), maim, or disfigure'' for ''maim or disfigure''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $25,000''.

1990 - Pub. L. 101-647 substituted ''or imprisoned'' for ''and

imprisoned''.

1984 - Pub. L. 98-473 substituted ''and imprisoned'' for ''or

imprisoned'' and provisions raising maximum fine from $1,000 to

$25,000 and raising maximum term of imprisonment from seven years

to twenty years.

1949 - Act May 24, 1949, corrected spelling of ''maim''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 46506.

-CITE-

18 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 7 - ASSAULT

-HEAD-

Sec. 115. Influencing, impeding, or retaliating against a Federal

official by threatening or injuring a family member

-STATUTE-

(a)(1) Whoever -

(A) assaults, kidnaps, or murders, or attempts or conspires to

kidnap or murder, or threatens to assault, kidnap or murder a

member of the immediate family of a United States official, a

United States judge, a Federal law enforcement officer, or an

official whose killing would be a crime under section 1114 of

this title; or

(B) threatens to assault, kidnap, or murder, a United States

official, a United States judge, a Federal law enforcement

officer, or an official whose killing would be a crime under such

section,

with intent to impede, intimidate, or interfere with such official,

judge, or law enforcement officer while engaged in the performance

of official duties, or with intent to retaliate against such

official, judge, or law enforcement officer on account of the

performance of official duties, shall be punished as provided in

subsection (b).

(2) Whoever assaults, kidnaps, or murders, or attempts or

conspires to kidnap or murder, or threatens to assault, kidnap, or

murder, any person who formerly served as a person designated in

paragraph (1), or a member of the immediate family of any person

who formerly served as a person designated in paragraph (1), with

intent to retaliate against such person on account of the

performance of official duties during the term of service of such

person, shall be punished as provided in subsection (b).

(b)(1) An assault in violation of this section shall be punished

as provided in section 111 of this title.

(2) A kidnapping, attempted kidnapping, or conspiracy to kidnap

in violation of this section shall be punished as provided in

section 1201 of this title for the kidnapping or attempted

kidnapping of, or a conspiracy to kidnap, a person described in

section 1201(a)(5) of this title.

(3) A murder, attempted murder, or conspiracy to murder in

violation of this section shall be punished as provided in sections

1111, 1113, and 1117 of this title.

(4) A threat made in violation of this section shall be punished

by a fine under this title or imprisonment for a term of not more

than 10 years, or both, except that imprisonment for a threatened

assault shall not exceed 6 years.

(c) As used in this section, the term -

(1) ''Federal law enforcement officer'' means any officer,

agent, or employee of the United States authorized by law or by a

Government agency to engage in or supervise the prevention,

detection, investigation, or prosecution of any violation of

Federal criminal law;

(2) ''immediate family member'' of an individual means -

(A) his spouse, parent, brother or sister, child or person to

whom he stands in loco parentis; or

(B) any other person living in his household and related to

him by blood or marriage;

(3) ''United States judge'' means any judicial officer of the

United States, and includes a justice of the Supreme Court and a

United States magistrate judge; and

(4) ''United States official'' means the President,

President-elect, Vice President, Vice President-elect, a Member

of Congress, a member-elect of Congress, a member of the

executive branch who is the head of a department listed in 5

U.S.C. 101, or the Director of the Central Intelligence Agency.

(d) This section shall not interfere with the investigative

authority of the United States Secret Service, as provided under

sections 3056, 871, and 879 of this title.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1008(a), Oct. 12, 1984, 98

Stat. 2140; amended Pub. L. 99-646, Sec. 37(a), 60, Nov. 10, 1986,

100 Stat. 3599, 3613; Pub. L. 100-690, title VI, Sec. 6487(f)(b),

Nov. 18, 1988, 102 Stat. 4386; Pub. L. 101-647, title XXXV, Sec.

3508, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322, title

XXXIII, Sec. 330016(2)(C), 330021(1), Sept. 13, 1994, 108 Stat.

2148, 2150; Pub. L. 104-132, title VII, Sec. 723(a), 727(b), Apr.

24, 1996, 110 Stat. 1300, 1302; Pub. L. 107-273, div. B, title IV,

Sec. 4002(b)(9), div. C, title I, Sec. 11008(c), Nov. 2, 2002, 116

Stat. 1808, 1818.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-273, Sec. 4002(b)(9),

substituted ''or attempted kidnapping of, or a conspiracy to

kidnap, a person'' for '', attempted kidnapping, or conspiracy to

kidnap of a person''.

Subsec. (b)(4). Pub. L. 107-273, Sec. 11008(c), substituted

''10'' for ''five'' and ''6'' for ''three''.

1996 - Subsec. (a)(1)(A). Pub. L. 104-132, Sec. 723(a)(1),

inserted ''or conspires'' after ''attempts''.

Subsec. (a)(2). Pub. L. 104-132, Sec. 727(b)(1), which directed

insertion of '', or threatens to assault, kidnap, or murder, any

person who formerly served as a person designated in paragraph (1),

or'' after ''assaults, kidnaps, or murders, or attempts to kidnap

or murder'', was executed by making the substitution after

''assaults, kidnaps, or murders, or attempts or conspires to kidnap

or murder'' to reflect the probable intent of Congress and the

amendment by Pub. L. 104-132, Sec. 723(a)(1). See below.

Pub. L. 104-132, Sec. 723(a)(1), inserted ''or conspires'' after

''attempts''.

Subsec. (b)(2). Pub. L. 104-132, Sec. 723(a)(2), substituted '',

attempted kidnapping, or conspiracy to kidnap'' for ''or attempted

kidnapping'' in two places.

Subsec. (b)(3). Pub. L. 104-132, Sec. 723(a)(3), substituted '',

attempted murder, or conspiracy to murder'' and '', 1113, and

1117'' for ''or attempted murder'' and ''and 1113'', respectively.

Subsec. (d). Pub. L. 104-132, Sec. 727(b)(2), added subsec. (d).

1994 - Subsec. (b)(2). Pub. L. 103-322, Sec. 330021(1),

substituted ''kidnapping'' for ''kidnaping'' in two places.

Subsec. (b)(4). Pub. L. 103-322, Sec. 330016(2)(C), substituted

''fine under this title'' for ''fine of not more than $5,000''.

1990 - Subsec. (c)(4). Pub. L. 101-647 substituted ''the

Central'' for ''The Central''.

1988 - Subsec. (a). Pub. L. 100-690 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

''Whoever assaults, kidnaps, or murders, or attempts to kidnap or

murder, or threatens to assault, kidnap or murder a member of the

immediate family of a United States official, a United States

judge, a Federal law enforcement officer, or an official whose

killing would be a crime under section 1114 of this title, or

threatens to assault, kidnap, or murder, a United States official,

a United States judge, a Federal law enforcement officer, or an

official whose killing would be a crime under such section with

intent to impede, intimidate, interfere with, or retaliate against

such official, judge or law enforcement officer while engaged in or

on account of the performance of official duties, shall be punished

as provided in subsection (b).''

1986 - Subsec. (a). Pub. L. 99-646, Sec. 60, substituted

''section 1114 of this title, or threatens to assault, kidnap, or

murder, a United States official, a United States judge, a Federal

law enforcement officer, or an official whose killing would be a

crime under such section'' for ''18 U.S.C. 1114, as amended,'',

''while engaged'' for ''while he is engaged'', and ''official

duties'' for ''his official duties''.

Subsec. (b)(2). Pub. L. 99-646, Sec. 37(a), inserted ''for the

kidnapping or attempted kidnapping of a person described in section

1201(a)(5) of this title''.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (c)(3) pursuant to section 321 of

Pub. L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 21, 1956, 2261A, 2516,

4243 of this title.

-CITE-

18 USC Sec. 116 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 7 - ASSAULT

-HEAD-

Sec. 116. Female genital mutilation

-STATUTE-

(a) Except as provided in subsection (b), whoever knowingly

circumcises, excises, or infibulates the whole or any part of the

labia majora or labia minora or clitoris of another person who has

not attained the age of 18 years shall be fined under this title or

imprisoned not more than 5 years, or both.

(b) A surgical operation is not a violation of this section if

the operation is -

(1) necessary to the health of the person on whom it is

performed, and is performed by a person licensed in the place of

its performance as a medical practitioner; or

(2) performed on a person in labor or who has just given birth

and is performed for medical purposes connected with that labor

or birth by a person licensed in the place it is performed as a

medical practitioner, midwife, or person in training to become

such a practitioner or midwife.

(c) In applying subsection (b)(1), no account shall be taken of

the effect on the person on whom the operation is to be performed

of any belief on the part of that person, or any other person, that

the operation is required as a matter of custom or ritual.

-SOURCE-

(Added Pub. L. 104-208, div. C, title VI, Sec. 645(b)(1), Sept.

30, 1996, 110 Stat. 3009-709.)

-MISC1-

EFFECTIVE DATE

Section 645(c) of div. C of Pub. L. 104-208 provided that: ''The

amendments made by subsection (b) (enacting this section) shall

take effect on the date that is 180 days after the date of the

enactment of this Act (Sept. 30, 1996).''

CONGRESSIONAL FINDINGS

Section 645(a) of div. C of Pub. L. 104-208 provided that: ''The

Congress finds that -

''(1) the practice of female genital mutilation is carried out

by members of certain cultural and religious groups within the

United States;

''(2) the practice of female genital mutilation often results

in the occurrence of physical and psychological health effects

that harm the women involved;

''(3) such mutilation infringes upon the guarantees of rights

secured by Federal and State law, both statutory and

constitutional;

''(4) the unique circumstances surrounding the practice of

female genital mutilation place it beyond the ability of any

single State or local jurisdiction to control;

''(5) the practice of female genital mutilation can be

prohibited without abridging the exercise of any rights

guaranteed under the first amendment to the Constitution or under

any other law; and

''(6) Congress has the affirmative power under section 8 of

article I, the necessary and proper clause, section 5 of the

fourteenth Amendment, as well as under the treaty clause, to the

Constitution to enact such legislation.''

-CITE-