US (United States) Code. Title 18. Chapter 84: Presidential and staff assassination, kidnapping and assault

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

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18 USC CHAPTER 84 - PRESIDENTIAL AND PRESIDENTIAL STAFF

ASSASSINATION, KIDNAPPING, AND ASSAULT 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 84 - PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION,

KIDNAPPING, AND ASSAULT

.

-HEAD-

CHAPTER 84 - PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION,

KIDNAPPING, AND ASSAULT

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Sec.

1751. Presidential and Presidential staff assassination,

kidnapping, and assault; penalties.

1752. Temporary residences and offices of the President and others.

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 1751.

1990 - Pub. L. 101-647, title XXXV, Sec. 3553, Nov. 29, 1990, 104

Stat. 4926, added item 1752.

1982 - Pub. L. 97-285, Sec. 4(b), (c), Oct. 6, 1982, 96 Stat.

1220, inserted ''and Presidential staff'' after ''Presidential'' in

chapter heading and in item 1751.

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18 USC Sec. 1751 01/06/03

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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, Sec. 3, 4(a), Oct. 6, 1982, 96 Stat. 1220; Pub. L.

103-322, title XXXII, Sec. 320101(e), 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)(D), Oct. 11, 1996,

110 Stat. 3507.)

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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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

2516, 3286, 4247 of this title; title 5 section 8112.

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18 USC Sec. 1752 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 84 - PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION,

KIDNAPPING, AND ASSAULT

-HEAD-

Sec. 1752. Temporary residences and offices of the President and

others

-STATUTE-

(a) It shall be unlawful for any person or group of persons -

(1) willfully and knowingly to enter or remain in

(i) any building or grounds designated by the Secretary of

the Treasury as temporary residences of the President or other

person protected by the Secret Service or as temporary offices

of the President and his staff or of any other person protected

by the Secret Service, or

(ii) any posted, cordoned off, or otherwise restricted area

of a building or grounds where the President or other person

protected by the Secret Service is or will be temporarily

visiting,

in violation of the regulations governing ingress or egress

thereto:

(2) with intent to impede or disrupt the orderly conduct of

Government business or official functions, to engage in

disorderly or disruptive conduct in, or within such proximity to,

any building or grounds designated in paragraph (1) when, or so

that, such conduct, in fact, impedes or disrupts the orderly

conduct of Government business or official functions;

(3) willfully and knowingly to obstruct or impede ingress or

egress to or from any building, grounds, or area designated or

enumerated in paragraph (1); or

(4) willfully and knowingly to engage in any act of physical

violence against any person or property in any building, grounds,

or area designated or enumerated in paragraph (1).

(b) Violation of this section, and attempts or conspiracies to

commit such violations, shall be punishable by a fine under this

title or imprisonment not exceeding six months, or both.

(c) Violation of this section, and attempts or conspiracies to

commit such violations, shall be prosecuted by the United States

attorney in the Federal district court having jurisdiction of the

place where the offense occurred.

(d) The Secretary of the Treasury is authorized -

(1) to designate by regulations the buildings and grounds which

constitute the temporary residences of the President or other

person protected by the Secret Service and the temporary offices

of the President and his staff or of any other person protected

by the Secret Service, and

(2) to prescribe regulations governing ingress or egress to

such buildings and grounds and to posted, cordoned off, or

otherwise restricted areas where the President or other person

protected by the Secret Service is or will be temporarily

visiting.

(e) None of the laws of the United States or of the several

States and the District of Columbia shall be superseded by this

section.

(f) As used in this section, the term ''other person protected by

the Secret Service'' means any person whom the United States Secret

Service is authorized to protect under section 3056 of this title

when such person has not declined such protection.

-SOURCE-

(Added Pub. L. 91-644, title V, Sec. 18, Jan. 2, 1971, 84 Stat.

1891; amended Pub. L. 97-308, Sec. 1, Oct. 14, 1982, 96 Stat. 1451;

Pub. L. 98-587, Sec. 3(b), Oct. 30, 1984, 98 Stat. 3112; Pub. L.

103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat.

2147.)

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AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322, which directed the amendment

of this section by substituting ''under this title'' for ''not more

than $500'', was executed in subsec. (b) by substituting ''under

this title'' for ''not exceeding $500'' to reflect the probable

intent of Congress.

1984 - Subsec. (f). Pub. L. 98-587 amended subsec. (f) generally,

substituting ''any person whom the United States Secret Service is

authorized to protect under section 3056 of this title when such

person has not declined such protection'' for ''any person

authorized by section 3056 of this title or by Public Law 90-331,

as amended, to receive the protection of the United States Secret

Service when such person has not declined such protection pursuant

to section 3056 of this title or pursuant to Public Law 90-331, as

amended''.

1982 - Pub. L. 97-308, Sec. 1(a), substituted ''Temporary

residences and offices of the President and others'' for

''Temporary residence of the President'' in section catchline.

Subsec. (a)(1)(i). Pub. L. 97-308, Sec. 1(b), made one's presence

unlawful at designated temporary residences and temporary offices

of any other person protected by the Secret Service.

Subsec. (a)(1)(ii). Pub. L. 97-308, Sec. 1(c), inserted ''or

other person protected by the Secret Service'' after ''President''.

Subsec. (d)(1). Pub. L. 97-308, Sec. 1(d), authorized regulations

for designation of the temporary residences and the temporary

offices of any other person protected by the Secret Service.

Subsec. (d)(2). Pub. L. 97-308, Sec. 1(e), inserted ''or other

person protected by the Secret Service'' after ''President''.

Subsec. (f). Pub. L. 97-308, Sec. 1(f), added subsec. (f).

-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.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3056 of this title.

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