18 U.S.C. § 878 — Threats and extortion against foreign offi-

Page 211 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 878 HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 338a (July 8, 1932, ch. 464, § 1, 47 Stat. 649; June 28, 1935, ch. 326, 49 Stat. 427; May 15, 1939, ch. 133, § 1, 53 Stat. 742). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Provisions as to district of trial were omitted as cov- ered by sections 3237 and 3239 of this title. Changes in phraseology and arrangement were made. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 designated first to fourth pars. as subsecs. (a) to (d), respectively, and, in subsecs. (c) and (d), inserted at end ‘‘If such a communication is ad- dressed to a United States judge, a Federal law enforce- ment officer, or an official who is covered by section 1114, the individual shall be fined under this title, im- prisoned not more than 10 years, or both.’’ 1994—Pub. L. 103–322, § 330021(2), substituted ‘‘kid- napped’’ for ‘‘kidnaped’’ in first par. Pub. L. 103–322, § 330016(1)(K), substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in first and second pars. Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in third par. Pub. L. 103–322, § 330016(1)(G), substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’ in fourth par. 1970—Pub. L. 91–375 substituted ‘‘Postal Service’’ for ‘‘Post Office Department’’ in two places in first par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note pre- ceding section 101 of Title 39, Postal Service. § 877. Mailing threatening communications from foreign country Whoever knowingly deposits in any post office or authorized depository for mail matter of any foreign country any communication addressed to any person within the United States, for the purpose of having such communication delivered by the post office establishment of such foreign country to the Postal Service and by it deliv- ered to such addressee in the United States, and as a result thereof such communication is deliv- ered by the post office establishment of such for- eign country to the Postal Service and by it de- livered to the address to which it is directed in the United States, and containing any demand or request for ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both. Whoever, with intent to extort from any per- son any money or other thing of value, so depos- its as aforesaid, any communication for the pur- pose aforesaid, containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than twenty years, or both. Whoever knowingly so deposits as aforesaid, any communication, for the purpose aforesaid, containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than five years, or both. Whoever, with intent to extort from any per- son any money or other thing of value, know- ingly so deposits as aforesaid, any communica- tion, for the purpose aforesaid, containing any threat to injure the property or reputation of the addressee or of another, or the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 741; Pub. L. 91–375, § 6(j)(8), Aug. 12, 1970, 84 Stat. 777; Pub. L. 103–322, title XXXIII, §§ 330016(1)(G), (H), (K), 330021(2), Sept. 13, 1994, 108 Stat. 2147, 2150.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 338b (July 8, 1932, ch. 464, § 2, 47 Stat. 649; May 15, 1939, ch. 133, § 1, 53 Stat. 742). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Provisions as to district of trial were omitted as cov- ered by sections 3237 and 3239 of this title. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, § 330021(2), substituted ‘‘kid- napped’’ for ‘‘kidnaped’’ in first par. Pub. L. 103–322, § 330016(1)(K), substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in first and second pars. Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in third par. Pub. L. 103–322, § 330016(1)(G), substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’ in fourth par. 1970—Pub. L. 91–375 substituted ‘‘Postal Service’’ for ‘‘Post Office Department of the United States’’ in two places in first par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note pre- ceding section 101 of Title 39, Postal Service. § 878. Threats and extortion against foreign offi- cials, official guests, or internationally pro- tected persons (a) Whoever knowingly and willfully threatens to violate section 112, 1116, or 1201 shall be fined under this title or imprisoned not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years. (b) Whoever in connection with any violation of subsection (a) or actual violation of section 112, 1116, or 1201 makes any extortionate demand shall be fined under this title or imprisoned not more than twenty years, or both. (c) For the purpose of this section ‘‘foreign of- ficial’’, ‘‘internationally protected person’’, ‘‘na- tional of the United States’’, and ‘‘official guest’’ shall have the same meanings as those provided in section 1116(a) of this title. (d) If the victim of an offense under subsection (a) is an internationally protected person out- Page 212 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 879 side 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 in- cludes 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. (Added Pub. L. 94–467, § 8, Oct. 8, 1976, 90 Stat. 2000; amended Pub. L. 95–163, § 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95–504, § 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 103–272, § 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (N), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–132, title VII, §§ 705(a)(4), 721(e), Apr. 24, 1996, 110 Stat. 1295, 1299.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–132, § 705(a)(4), struck out ‘‘by killing, kidnapping, or assaulting a foreign of- ficial, official guest, or internationally protected per- son’’ before ‘‘shall be fined’’. Subsec. (c). Pub. L. 104–132, § 721(e)(1), inserted ‘‘ ‘na- tional of the United States’,’’ before ‘‘and ‘official guest’ ’’. Subsec. (d). Pub. L. 104–132, § 721(e)(2), inserted first sentence and struck out former first sentence which read as follows: ‘‘If the victim of an offense under sub- section (a) is an internationally protected person, the United States may exercise jurisdiction over the of- fense if the alleged offender is present within the United States, irrespective of the place where the of- fense was committed or the nationality of the victim or the alleged offender.’’ 1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(K), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Subsec. (b). Pub. L. 103–322, § 330016(1)(N), substituted ‘‘fined under this title’’ for ‘‘fined not more than $20,000’’. Subsec. (d). 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))’’. 1978—Subsec. (d). 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. (d). 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. § 879. Threats against former Presidents and cer- tain other persons (a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon— (1) a former President or a member of the immediate family of a former President; (2) a member of the immediate family of the President, the President-elect, the Vice Presi- dent, or the Vice President-elect; (3) a major candidate for the office of Presi- dent or Vice President, or a member of the im- mediate family of such candidate; or (4) a person protected by the Secret Service under section 3056(a)(6); shall be fined under this title or imprisoned not more than 5 years, or both. (b) As used in this section— (1) the term ‘‘immediate family’’ means— (A) with respect to subsection (a)(1) of this section, the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage, and minor children of a former President until they reach sixteen years of age; and (B) with respect to subsection (a)(2) and (a)(3) of this section, a person to whom the President, President-elect, Vice President, Vice President-elect, or major candidate for the office of President or Vice President— (i) is related by blood, marriage, or adop- tion; or (ii) stands in loco parentis; (2) the term ‘‘major candidate for the office of President or Vice President’’ means a can- didate referred to in subsection (a)(7) of sec- tion 3056 of this title; and (3) the terms ‘‘President-elect’’ and ‘‘Vice President-elect’’ have the meanings given those terms in section 871(b) of this title. (Added Pub. L. 97–297, § 1(a), Oct. 12, 1982, 96 Stat. 1317; amended Pub. L. 98–587, § 3(a), Oct. 30, 1984, 98 Stat. 3111; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 106–544, § 2(a), (b)(1), Dec. 19, 2000, 114 Stat. 2715; Pub. L. 117–272, § 2, Dec. 27, 2022, 136 Stat. 4181.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(1)(A). Pub. L. 117–272 substituted ‘‘the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remar- riage’’ for ‘‘the wife of a former President during his lifetime, the widow of a former President until her death or remarriage’’. 2000—Pub. L. 106–544, § 2(b)(1), struck out ‘‘protected by the Secret Service’’ after ‘‘other persons’’ in section catchline. Subsec. (a). Pub. L. 106–544, § 2(a)(1)–(4), in par. (3), substituted ‘‘a member of the immediate family’’ for ‘‘the spouse’’, added par. (4), and, in concluding provi- sions, struck out ‘‘who is protected by the Secret Serv- ice as provided by law,’’ before ‘‘shall be fined’’ and substituted ‘‘5 years’’ for ‘‘three years’’. Subsec. (b)(1)(B). Pub. L. 106–544, § 2(a)(5), in introduc- tory provisions, inserted ‘‘and (a)(3)’’ after ‘‘subsection (a)(2)’’ and substituted ‘‘Vice President-elect, or major candidate for the office of President or Vice President’’ for ‘‘or Vice President-elect’’. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in concluding provisions. 1984—Subsec. (b)(2). Pub. L. 98–587 substituted ‘‘sub- section (a)(7) of section 3056 of this title’’ for ‘‘the first section of the joint resolution entitled ‘Joint resolu- tion to authorize the United States Secret Service to furnish protection to major Presidential or Vice Presi- dential candidates’, approved June 6, 1968 (18 U.S.C. 3056 note)’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections