18 U.S.C. § 351 — Untitled legal text

Page 107 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 351 (Added Pub. L. 89–81, title II, § 212(a), July 23, 1965, 79 Stat. 257; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 89–81, title II, § 212(c), July 23, 1965, 79 Stat. 257, provided that: ‘‘The amendments made by this sec- tion [enacting this section] shall apply only with re- spect to loans made, renewed, or increased on or after the 31st day after the date of enactment of this Act [July 23, 1965].’’ CHAPTER 17A—COMMON CARRIER OPER- ATION UNDER THE INFLUENCE OF ALCO- HOL OR DRUGS Sec. 341. Definitions. 342. Operation of a common carrier under the in- fluence of alcohol or drugs. 343. Presumptions. § 341. Definitions As used in this chapter, the term ‘‘common carrier’’ means a locomotive, a rail carrier, a sleeping car carrier, a bus transporting pas- sengers in interstate commerce, a water com- mon carrier, and an air common carrier. (Added Pub. L. 99–570, title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207–59; amended Pub. L. 100–690, title VI, § 6482(a), Nov. 18, 1988, 102 Stat. 4382.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 inserted ‘‘locomotive, a’’ after ‘‘means a’’. § 342. Operation of a common carrier under the influence of alcohol or drugs Whoever operates or directs the operation of a common carrier while under the influence of al- cohol or any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), shall be imprisoned not more than fifteen years or fined under this title, or both. (Added Pub. L. 99–570, title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207–59; amended Pub. L. 100–690, title VI, §§ 6473(a), (b), 6482(b), Nov. 18, 1988, 102 Stat. 4379, 4382.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 substituted ‘‘any controlled sub- stance (as defined in section 102 of the Controlled Sub- stances Act (21 U.S.C. 802))’’ for ‘‘drugs’’, ‘‘fifteen’’ for ‘‘five’’, and ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 343. Presumptions For purposes of this chapter— (1) an individual with a blood alcohol con- tent of .10 percent or more shall be presumed to be under the influence of alcohol; and (2) an individual shall be presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual. (Added Pub. L. 99–570, title I, § 1971(a), Oct. 27, 1986, 100 Stat. 3207–59; amended Pub. L. 100–690, title VI, § 6473(c), Nov. 18, 1988, 102 Stat. 4379.) Editorial Notes AMENDMENTS 1988—Par. (1). Pub. L. 100–690, § 6473(c)(1), substituted ‘‘.10 percent’’ for ‘‘.10’’ and struck out ‘‘conclusively’’ after ‘‘shall be’’. Par. (2). Pub. L. 100–690, § 6473(c)(2), struck out ‘‘con- clusively’’ after ‘‘shall be’’. CHAPTER 18—CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPPING, AND ASSAULT Sec. 351. Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; pen- alties. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title XXXIII, § 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 sub- stituting ‘‘KIDNAPPING’’ for ‘‘KIDNAPING’’ in chap- ter heading, to reflect the probable intent of Congress. Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 2150, substituted ‘‘kidnapping’’ for ‘‘kid- naping’’ in item 351. 1982—Pub. L. 97–285, § 2(b), (c), Oct. 6, 1982, 96 Stat. 1219, substituted ‘‘CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPING, AND ASSAULT’’ for ‘‘CONGRESSIONAL ASSASSINA- TION, KIDNAPING, AND ASSAULT’’ as chapter head- ing and substituted ‘‘Congressional, Cabinet, and Su- preme Court assassination, kidnaping, and assault: pen- alties’’ for ‘‘Congressional assassination, kidnaping, and assault; penalties’’ in item 351. 1971—Pub. L. 91–644, title IV, § 15, Jan. 2, 1971, 84 Stat. 1891, added chapter 18 and item 351. § 351. Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties (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 nomi- nated 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 nom- inated to be Director during the pendency of such nomination) or Principal Deputy Director of National Intelligence, the Director (or a per- son nominated to be Director during the pend- ency of such nomination) or Deputy Director of the Central Intelligence Agency, a major Presi- dential or Vice Presidential candidate (as de- fined 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 Page 108 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 371 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 pun- ished (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 in- dividual designated in subsection (a) of this sec- tion 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 per- sons do any act to effect the object of the con- spiracy, each shall be punished (1) by imprison- ment 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 impris- oned not more than ten years, or both. (f) If Federal investigative or prosecutive ju- risdiction is asserted for a violation of this sec- tion, 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 inves- tigated 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 regu- lation 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. (Added Pub. L. 91–644, title IV, § 15, Jan. 2, 1971, 84 Stat. 1891; amended Pub. L. 97–285, §§ 1, 2(a), Oct. 6, 1982, 96 Stat. 1219; Pub. L. 99–646, § 62, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100–690, title VII, § 7074, Nov. 18, 1988, 102 Stat. 4405; Pub. L. 103–322, title XXXII, § 320101(d), title XXXIII, §§ 330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150; Pub. L. 104–294, title VI, § 604(b)(12)(C), (c)(2), Oct. 11, 1996, 110 Stat. 3507, 3509; Pub. L. 112–87, title V, § 506, Jan. 3, 2012, 125 Stat. 1897.) Editorial Notes AMENDMENTS 2012—Subsec. (a). Pub. L. 112–87 inserted ‘‘the Direc- tor (or a person nominated to be Director during the pendency of such nomination) or Principal Deputy Di- rector of National Intelligence,’’ after ‘‘in such depart- ment,’’ and substituted ‘‘the Central Intelligence Agen- cy,’’ for ‘‘Central Intelligence,’’. 1996—Subsec. (e). Pub. L. 104–294, § 604(c)(2), sub- stituted ‘‘involved the use’’ for ‘‘involved in the use’’. Pub. L. 104–294, § 604(b)(12)(C), repealed Pub. L. 103–322, § 320101(d)(3). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 330021(1), substituted ‘‘kidnap- ping’’ for ‘‘kidnaping’’ in section catchline. Subsec. (e). Pub. L. 103–322, § 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, § 320101(d)(4), substituted ‘‘imprisoned not more than ten years’’ for ‘‘imprisoned for not more than ten years’’. Pub. L. 103–322, § 320101(d)(3), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(12)(C). Pub. L. 103–322, § 320101(d)(2), inserted ‘‘the assault in- volved in the use of a dangerous weapon, or’’ after ‘‘and if’’. Pub. L. 103–322, §§ 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, § 62(1), inserted ‘‘a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title)’’. Subsec. (h). Pub. L. 99–646, § 62(2), substituted ‘‘indi- vidual’’ for ‘‘official’’. 1982—Pub. L. 97–285, § 2(a), substituted ‘‘Congres- sional, Cabinet, and Supreme Court assassination, kid- naping, and assault; penalties’’ for ‘‘Congressional as- sassination, kidnaping, and assault’’ in section catch- line. Subsec. (a). Pub. L. 97–285, § 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 list- ed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nomi- nated to be Director during the pendency of such nomi- nation) 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 nomina- tion. Subsecs. (h), (i). Pub. L. 97–285, § 1(b), added subsecs. (h) and (i). 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. REPORT TO MEMBER OF CONGRESS ON INVESTIGATION CONDUCTED SUBSEQUENT TO THREAT ON MEMBER’S LIFE Pub. L. 95–624, § 19, Nov. 9, 1978, 92 Stat. 3466, provided that: ‘‘The Federal Bureau of Investigation shall pro- vide a written report to a Member of Congress on any investigation conducted based on a threat on the Mem- ber’s life under section 351 of title 18 of the United States Code.’’ CHAPTER 19—CONSPIRACY Sec. 371. Conspiracy to commit offense or to defraud United States. 372. Conspiracy to impede or injure officer. 373. Solicitation to commit a crime of violence. Editorial Notes AMENDMENTS 1984—Pub. L. 98–473, title II, § 1003(b), Oct. 12, 1984, 98 Stat. 2138, added item 373. § 371. Conspiracy to commit offense or to defraud United States If two or more persons conspire either to com- mit any offense against the United States, or to