18 U.S.C. § 1502 — Resistance to extradition agent

Page 388 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1502 ‘‘United States commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. Reference to United States magistrate or to mag- istrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–204, title VIII, § 801, July 30, 2002, 116 Stat. 800, provided that: ‘‘This title [enacting sections 1348, 1514A, 1519, and 1520 of this title, amending section 523 of Title 11, Bankruptcy, and section 1658 of Title 28, Ju- diciary and Judicial Procedure, and enacting provisions set out as notes under sections 994 and 1658 of Title 28] may be cited as the ‘Corporate and Criminal Fraud Ac- countability Act of 2002’.’’ SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–291, § 1, Oct. 12, 1982, 96 Stat. 1248, provided: ‘‘That this Act [enacting sections 1512 to 1515, 3579, and 3580 of this title, amending sections 1503, 1505, 1510, and 3146 of this title and Rule 32 of the Federal Rules of Civil Procedure, and enacting provisions set out as notes under sections 1512 and 3579 of this title] may be cited as the ‘Victim and Witness Protection Act of 1982’.’’ § 1502. Resistance to extradition agent Whoever knowingly and willfully obstructs, resists, or opposes an extradition agent of the United States in the execution of his duties, shall be fined under this title or imprisoned not more than one year, or both. (June 24, 1948, ch. 645, 62 Stat. 769; Pub. L. 103–322, title XXXIII, § 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 661 (R.S. 5277). Said section 661 of title 18, U.S.C., 1940 ed., was incor- porated in this section and section 752 of this title. Words ‘‘an extradition agent of the United States’’ were substituted for ‘‘such agent’’ which was referred to in sections 3182 et seq. of this title. A fine of ‘‘$300’’ was substituted for ‘‘$1,000’’ as the mandatory maximum to harmonize with similar of- fenses in this chapter. (See section 1501 of this title.) Punishment provision was rephrased in the alter- native. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $300’’. § 1503. Influencing or injuring officer or juror generally (a) Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other pro- ceeding before any United States magistrate judge or other committing magistrate, in the discharge of his duty, or injures any such grand or petit juror in his person or property on ac- count of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, magistrate judge, or other committing mag- istrate in his person or property on account of the performance of his official duties, or cor- ruptly or by threats or force, or by any threat- ening letter or communication, influences, ob- structs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in sub- section (b). If the offense under this section oc- curs in connection with a trial of a criminal case, and the act in violation of this section in- volves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been im- posed for any offense charged in such case. (b) The punishment for an offense under this section is— (1) in the case of a killing, the punishment provided in sections 1111 and 1112; (2) in the case of an attempted killing, or a case in which the offense was committed against a petit juror and in which a class A or B felony was charged, imprisonment for not more than 20 years, a fine under this title, or both; and (3) in any other case, imprisonment for not more than 10 years, a fine under this title, or both. (June 25, 1948, ch. 645, 62 Stat. 769; Pub. L. 97–291, § 4(c), Oct. 12, 1982, 96 Stat. 1253; Pub. L. 103–322, title VI, § 60016, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 1974, 2147; Pub. L. 104–214, § 1(3), Oct. 1, 1996, 110 Stat. 3017.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 241 (Mar. 4, 1909, ch. 321, § 135, 35 Stat. 1113; June 8, 1945, ch. 178, § 1, 59 Stat. 234). The phrase ‘‘other committing magistrate’’ was sub- stituted for ‘‘officer acting as such commissioner’’ in order to clarify meaning. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–214 inserted at end ‘‘If the offense under this section occurs in connection with a trial of a criminal case, and the act in violation of this section involves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the high- er of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.’’ 1994—Pub. L. 103–322, § 330016(1)(K), which directed the substitution of ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’, could not be executed because the words ‘‘fined not more than $5,000’’ did not appear in text subsequent to amendment by Pub. L. 103–322, § 60016. See below. Pub. L. 103–322, § 60016, designated existing provisions as subsec. (a), substituted ‘‘magistrate judge’’ for ‘‘commissioner’’ in two places and ‘‘punished as pro- vided in subsection (b)’’ for ‘‘fined not more than $5,000 or imprisoned not more than five years, or both’’, and added subsec. (b). 1982—Pub. L. 97–291, § 4(c)(1), substituted ‘‘or juror’’ for ‘‘, juror or witness’’ after ‘‘officer’’ in section catch- line. Pub. L. 97–291, § 4(c)(2), (3), substituted in text ‘‘grand’’ for ‘‘witness, in any court of the United States or before any United States commissioner or other committing magistrate, or any grand’’ after ‘‘or impede any’’, and struck out ‘‘injures any party or witness in his person or property on account of his attending or