18 U.S.C. § 114 — Maiming within maritime and territorial

Page 38 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 114 1996—Pub. L. 104–294, § 604(b)(12)(B), repealed Pub. L. 103–322, § 320101(c)(1)(A), (2)(A). See 1994 Amendment note below. Pub. L. 104–294, § 604(b)(7), repealed Pub. L. 103–322, § 170201(c)(1)–(3). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 330016(2)(B), substituted ‘‘a fine under this title’’ for ‘‘fine of not more than’’ through the immediately following dollar amount wherever ap- pearing. Pub. L. 103–322, § 320101(c), as amended by Pub. L. 104–294, § 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), respec- tively, 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, § 170201(a)–(d), as amended by Pub. L. 104–294, § 604(b)(7), designated existing provisions as sub- sec. (a), redesignated former subsecs. (a) to (f) as pars. (1) to (6), respectively of subsec. (a) and realigned mar- gins, inserted before period at end of par. (5) ‘‘, or if the victim of the assault is an individual who has not at- tained 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, § 87(c)(2), and Pub. L. 99–654, § 3(a)(2), amended subsec. (a) identically, strik- ing out ‘‘or rape’’ after ‘‘murder’’. Subsec. (b). Pub. L. 99–646, § 87(c)(3), and Pub. L. 99–654, § 3(a)(3), amended subsec. (b) identically, sub- stituting ‘‘a felony under chapter 109A’’ for ‘‘rape’’. 1976—Subsec. (f). Pub. L. 94–297 added subsec. (f). Statutory Notes and Related Subsidiaries 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 ef- fective 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 Ef- fective Date note under section 2241 of this title. § 114. Maiming within maritime and territorial jurisdiction Whoever, within the special maritime and ter- ritorial 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 ter- ritorial 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. (June 25, 1948, ch. 645, 62 Stat. 689; May 24, 1949, ch. 139, § 3, 63 Stat. 90; Pub. L. 98–473, title II, § 1009A, Oct. 12, 1984, 98 Stat. 2141; Pub. L. 101–647, title XXXV, § 3507, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 103–322, title XXXIII, § 330016(1)(O), Sept. 13, 1994, 108 Stat. 2148; Pub. L. 104–132, title VII, § 705(a)(1), Apr. 24, 1996, 110 Stat. 1295.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 462 (Mar. 4, 1909, ch. 321, § 283, 35 Stat. 1144). The words ‘‘within the special maritime and terri- torial 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. Editorial Notes AMENDMENTS 1996—Pub. L. 104–132 substituted ‘‘torture (as defined in section 2340), maim, or disfigure’’ for ‘‘maim or dis- figure’’. 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 im- prisonment from seven years to twenty years. 1949—Act May 24, 1949, corrected spelling of ‘‘maim’’. § 115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member (a)(1) Whoever— (A) assaults, kidnaps, or murders, or at- tempts or conspires to kidnap or murder, or threatens to assault, kidnap or murder a mem- ber of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose kill- ing 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 offi- cial whose killing would be a crime under such section, with intent to impede, intimidate, or interfere with such official, judge, or law enforcement of- ficer while engaged in the performance of offi- cial 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 des- ignated in paragraph (1), or a member of the im- mediate 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) The punishment for an assault in viola- tion of this section is— (A) a fine under this title; and (B)(i) if the assault consists of a simple as- sault, a term of imprisonment for not more than 1 year;