18 U.S.C. § 112 — Protection of foreign officials, official

Page 35 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 112 HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 118, 254 (Mar. 4, 1909, ch. 321, § 62, 35 Stat. 1100; May 18, 1934, ch. 299, § 2, 48 Stat. 781). This section consolidates sections 118 and 254 with changes in phraseology and substance necessary to ef- fect the consolidation. Also the words ‘‘Bureau of Animal Industry of the De- partment of Agriculture’’ appearing in section 118 of title 18, U.S.C., 1940 ed., were inserted in enumeration of Federal officers and employees in section 1114 of this title. The punishment provision of section 254 of title 18, U.S.C., 1940 ed., was adopted as the latest expression of Congressional intent. This consolidation eliminates a serious incongruity in punishment and application. Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 117–59 added subsec. (c). 2008—Subsec. (a). Pub. L. 110–177 substituted ‘‘where such acts involve physical contact with the victim of that assault or the intent to commit another felony’’ for ‘‘in all other cases’’ in concluding provisions. 2002—Subsec. (a). Pub. L. 107–273, § 11008(b)(1), sub- stituted ‘‘8’’ for ‘‘three’’ in concluding provisions. Subsec. (b). Pub. L. 107–273, § 11008(b)(2), substituted ‘‘20’’ for ‘‘ten’’. 1996—Subsec. (b). Pub. L. 104–132 inserted ‘‘(including a weapon intended to cause death or danger but that fails to do so by reason of a defective component)’’ after ‘‘deadly or dangerous weapon’’. 1994—Subsec. (a). Pub. L. 103–322, § 320101(a)(1), in- serted ‘‘, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and in all other cases,’’ after ‘‘shall’’ in concluding provisions. Subsec. (b). Pub. L. 103–322, § 320101(a)(2), inserted ‘‘or inflicts bodily injury’’ after ‘‘weapon’’. 1988—Pub. L. 100–690 amended text generally. Prior to amendment, text read as follows: ‘‘Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of his official duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both. ‘‘Whoever, in the commission of any such acts uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.’’ Statutory Notes and Related Subsidiaries SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–273, div. C, title I, § 11008(a), Nov. 2, 2002, 116 Stat. 1818, provided that: ‘‘This section [amending this section, sections 115 and 876 of this title, and provi- sions set out as a note under section 994 of Title 28, Ju- diciary and Judicial Procedure] may be cited as the ‘Federal Judiciary Protection Act of 2002’.’’ SENSE OF CONGRESS REGARDING AMENDMENT BY PUB. L. 117–59 For sense of Congress regarding amendment to this section by Pub. L. 117–59, see section 2(6) of Pub. L. 117–59, set out as a note under section 1114 of this title. § 112. Protection of foreign officials, official guests, and internationally protected persons (a) Whoever assaults, strikes, wounds, impris- ons, or offers violence to a foreign official, offi- cial guest, or internationally protected person or makes any other violent attack upon the per- son or liberty of such person, or, if likely to en- danger his person or liberty, makes a violent at- tack upon his official premises, private accom- modation, or means of transport or attempts to commit any of the foregoing shall be fined under this title or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon, or inflicts bodily injury, shall be fined under this title or imprisoned not more than ten years, or both. (b) Whoever willfully— (1) intimidates, coerces, threatens, or harasses a foreign official or an official guest or obstructs a foreign official in the perform- ance of his duties; (2) attempts to intimidate, coerce, threaten, or harass a foreign official or an official guest or obstruct a foreign official in the perform- ance of his duties; or (3) within the United States and within one hundred feet of any building or premises in whole or in part owned, used, or occupied for official business or for diplomatic, consular, or residential purposes by— (A) a foreign government, including such use as a mission to an international organi- zation; (B) an international organization; (C) a foreign official; or (D) an official guest; congregates with two or more other persons with intent to violate any other provision of this section; shall be fined under this title or imprisoned not more than six months, or both. (c) For the purpose of this section ‘‘foreign government’’, ‘‘foreign official’’, ‘‘internation- ally protected person’’, ‘‘international organiza- tion’’, ‘‘national of the United States’’, and ‘‘of- ficial guest’’ shall have the same meanings as those provided in section 1116(b) of this title. (d) Nothing contained in this section shall be construed or applied so as to abridge the exer- cise of rights guaranteed under the first amend- ment to the Constitution of the United States. (e) If the victim of an offense under subsection (a) is an internationally protected person out- 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. (f) In the course of enforcement of subsection (a) and any other sections prohibiting a con- spiracy or attempt to violate subsection (a), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary, notwith- standing. (June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 88–493, § 1, Aug. 27, 1964, 78 Stat. 610; Pub. L. 92–539, title III, § 301, Oct. 24, 1972, 86 Stat. 1072; Pub. L. 94–467, § 5, Oct. 8, 1976, 90 Stat. 1999; Pub. L. 95–163, § 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. Page 36 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 112 L. 95–504, § 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 100–690, title VI, § 6478, Nov. 18, 1988, 102 Stat. 4381; Pub. L. 103–272, § 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103–322, title XXXII, § 320101(b), title XXXIII, § 330016(1)(G), (K), Sept. 13, 1994, 108 Stat. 2108, 2147; Pub. L. 104–132, title VII, § 721(d), Apr. 24, 1996, 110 Stat. 1298; Pub. L. 104–294, title VI, § 604(b)(12)(A), Oct. 11, 1996, 110 Stat. 3507.) HISTORICAL AND REVISION NOTES Based on section 255 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (R.S. § 4062). Punishment provision was rewritten to make it more definite by substituting a maximum of $5,000 in lieu of the words ‘‘fined at the discretion of the court.’’ As thus revised this provision conforms with the first pun- ishment provision of section 111 of this title. So, also, the greater punishment provided by the second para- graph of section 111 was added to this section for of- fenses involving the use of dangerous weapons. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–294 repealed Pub. L. 103–322, § 320101(b)(1). See 1994 Amendment note below. Subsec. (c). Pub. L. 104–132, § 721(d)(1), inserted ‘‘ ‘na- tional of the United States’,’’ before ‘‘and ‘official guest’ ’’. Subsec. (e). Pub. L. 104–132, § 721(d)(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 ‘‘under this title’’ for ‘‘not more than $5,000’’ before ‘‘or imprisoned not more than three years’’. Pub. L. 103–322, § 320101(b)(2), (3), inserted ‘‘, or in- flicts bodily injury,’’ after ‘‘weapon’’ and substituted ‘‘under this title’’ for ‘‘not more than $10,000’’ before ‘‘or imprisoned not more than ten years’’. Pub. L. 103–322, § 320101(b)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(K), above, was repealed by Pub. L. 104–294, § 604(b)(12)(A). Subsec. (b). Pub. L. 103–322, § 330016(1)(G), in con- cluding provisions, substituted ‘‘under this title’’ for ‘‘not more than $500’’. Subsec. (e). 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))’’. 1988—Subsec. (b)(3). Pub. L. 100–690 struck out ‘‘but outside the District of Columbia’’ after ‘‘United States’’. 1978—Subsec. (e). 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. (e). 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. 1976—Pub. L. 94–467 substituted ‘‘official guests, and internationally protected persons’’ for ‘‘and official guests’’ in section catchline. Subsec. (a). Pub. L. 94–467 substituted ‘‘official guest, or internationally protected person’’ for ‘‘or official guest’’ and inserted provision including any other vio- lent attack on the person or the liberty of such official, guest, or protected person, his official premises, private accommodation, or means of transport, or any attempt thereof, as acts subject to fine or imprisonment. Subsec. (b). Pub. L. 94–467 restructured subsec. (b) and added pars. (2) and (3). Subsec. (c). Pub. L. 94–467 redesignated subsec. (d) as (c), inserted ‘‘internationally protected persons’’, and struck out reference to section 1116(c) of this title. Former subsec. (c), which related to punishment for in- timidating or harassing demonstrations against foreign officials or any combination of two or more persons for such purposes, within one hundred feet of any buildings or premises owned by a foreign government located within the United States but outside the District of Co- lumbia, was struck out. Subsecs. (d) to (f). Pub. L. 94–467 added subsecs. (e) and (f) and redesignated former subsecs. (d) and (e) as (c) and (d), respectively. 1972—Subsec. (a). Pub. L. 92–539 substituted ‘‘Protec- tion of foreign officials and official guests’’ for ‘‘As- saulting certain foreign diplomatic and other official personnel’’ in section catchline, designated existing provisions as subsec. (a), and substituted ‘‘a foreign of- ficial or official guest’’ for ‘‘the person of a head of for- eign state or foreign government, foreign minister, am- bassador or other public minister’’ and ‘‘act’’ for ‘‘acts’’. Subsecs. (b) to (e). Pub. L. 92–539 added subsecs. (b) to (e). 1964—Pub. L. 88–493 included heads of foreign states or governments and foreign ministers. 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. SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–467, § 1, Oct. 8, 1976, 90 Stat. 1997, provided: ‘‘That this Act [enacting section 878 of this title, amending this section and sections 11, 970, 1116, and 1201 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Act for the Pre- vention and Punishment of Crimes Against Inter- nationally Protected Persons’.’’ SHORT TITLE OF 1972 AMENDMENT Pub. L. 92–539, § 1, Oct. 24, 1972, 86 Stat. 1070, provided: ‘‘That this Act [enacting sections 970, 1116, and 1117 of this title, amending this section and section 1201 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Act for the Protec- tion of Foreign Officials and Official Guests of the United States’.’’ STATE AND LOCAL LAWS NOT SUPERSEDED Pub. L. 94–467, § 10, Oct. 8, 1976, 90 Stat. 2001, provided that: ‘‘Nothing contained in this Act [see Short Title of 1976 Amendment note above] shall be construed to indi- cate an intent on the part of Congress to occupy the field in which its provisions operate to the exclusion of the laws of any State, Commonwealth, territory, pos- session, or the District of Columbia, on the same sub- ject matter, nor to relieve any person of any obligation imposed by any law of any State, Commonwealth, ter- ritory, possession, or the District of Columbia, includ- ing the obligation of all persons having official law en- forcement powers to take appropriate action, such as effecting arrests, for Federal as well as non-Federal violations.’’ CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY Pub. L. 92–539, § 2, Oct. 24, 1972, 86 Stat. 1070, provided that: ‘‘The Congress recognizes that from the beginning of our history as a nation, the police power to investigate, prosecute, and punish common crimes such as murder, kidnaping, and assault has resided in the several States, and that such power should remain with the States. ‘‘The Congress finds, however, that harassment, in- timidation, obstruction, coercion, and acts of violence committed against foreign officials or their family Page 37 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 113 1 So in original. Probably should be ‘‘meaning’’. members in the United States or against official guests of the United States adversely affect the foreign rela- tions of the United States. ‘‘Accordingly, this legislation is intended to afford the United States jurisdiction concurrent with that of the several States to proceed against those who by such acts interfere with its conduct of foreign affairs.’’ FEDERAL PREEMPTION Pub. L. 92–539, § 3, Oct. 24, 1972, 86 Stat. 1073, provided that: ‘‘Nothing contained in this Act [see Short Title of 1972 Amendment note above] shall be construed to indi- cate an intent on the part of Congress to occupy the field in which its provisions operate to the exclusion of the laws of any State, Commonwealth, territory, pos- session, or the District of Columbia on the same sub- ject matter, nor to relieve any person of any obligation imposed by any law of any State, Commonwealth, ter- ritory, possession, or the District of Columbia.’’ IMMUNITY FROM CRIMINAL PROSECUTION Pub. L. 88–493, § 5, Aug. 27, 1964, 78 Stat. 610, provided that: ‘‘Nothing contained in this Act [amending this section and section 1114 of this title, and enacting sec- tion 170e–1 of former Title 5, Executive Departments and Government Officers and Employees] shall create immunity from criminal prosecution under any laws in any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia.’’ § 113. Assaults within maritime and territorial ju- risdiction (a) Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows: (1) Assault with intent to commit murder or a violation of section 2241 or 2242, by a fine under this title, imprisonment for not more than 20 years, or both. (2) Assault with intent to commit any fel- ony, except murder or a violation of section 2241 or 2242, by a fine under this title or im- prisonment for not more than ten years, or both. (3) Assault with a dangerous weapon, with intent to do bodily harm, by a fine under this title or imprisonment for not more than ten years, or both. (4) Assault by striking, beating, or wound- ing, by a fine under this title or imprisonment for not more than 1 year, or both. (5) Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or impris- onment for not more than 1 year, or both. (6) Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both. (7) Assault resulting in substantial bodily in- jury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years, by a fine under this title or imprisonment for not more than 5 years, or both. (8) Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both. (b) DEFINITIONS.—In this section— (1) the term ‘‘substantial bodily injury’’ means bodily injury which involves— (A) a temporary but substantial disfigure- ment; or (B) a temporary but substantial loss or im- pairment of the function of any bodily mem- ber, organ, or mental faculty; (2) the term ‘‘serious bodily injury’’ has the meaning given that term in section 1365 of this title; (3) the terms ‘‘dating partner’’ and ‘‘spouse or intimate partner’’ have the meanings 1 given those terms in section 2266; (4) the term ‘‘strangling’’ means inten- tionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that con- duct results in any visible injury or whether there is any intent to kill or protractedly in- jure the victim; and (5) the term ‘‘suffocating’’ means inten- tionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the per- son, or both, regardless of whether that con- duct results in any visible injury or whether there is any intent to kill or protractedly in- jure the victim. (June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 94–297, § 3, May 29, 1976, 90 Stat. 585; Pub. L. 99–646, § 87(c)(2), (3), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(a)(2), (3), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 103–322, title XVII, § 170201(a)–(d), title XXXII, § 320101(c), title XXXIII, § 330016(2)(B), Sept. 13, 1994, 108 Stat. 2042, 2043, 2108, 2148; Pub. L. 104–294, title VI, § 604(b)(7), (12)(B), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 113–4, title IX, § 906(a), Mar. 7, 2013, 127 Stat. 124.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 455 (Mar. 4, 1909, ch. 321, § 276, 35 Stat. 1143). Opening paragraph was added to preserve the juris- dictional limitation provided for by section 451 of title 18, U.S.C., 1940 ed., now section 7 of this title. (See re- viser’s note thereunder.) Phraseology was simplified. Editorial Notes AMENDMENTS 2013—Subsec. (a)(1). Pub. L. 113–4, § 906(a)(1)(A), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘Assault with intent to commit murder, by im- prisonment for not more than twenty years.’’ Subsec. (a)(2). Pub. L. 113–4, § 906(a)(1)(B), substituted ‘‘violation of section 2241 or 2242’’ for ‘‘felony under chapter 109A’’. Subsec. (a)(3). Pub. L. 113–4, § 906(a)(1)(C), struck out ‘‘and without just cause or excuse,’’ after ‘‘bodily harm,’’. Subsec. (a)(4). Pub. L. 113–4, § 906(a)(1)(D), substituted ‘‘1 year’’ for ‘‘six months’’. Subsec. (a)(7). Pub. L. 113–4, § 906(a)(1)(E), substituted ‘‘substantial bodily injury to a spouse or intimate part- ner, a dating partner, or an individual who has not at- tained the age of 16 years’’ for ‘‘substantial bodily in- jury to an individual who has not attained the age of 16 years’’ and ‘‘a fine’’ for ‘‘fine’’. Subsec. (a)(8). Pub. L. 113–4, § 906(a)(1)(F), added par. (8). Subsec. (b). Pub. L. 113–4, § 906(a)(2), inserted heading, substituted ‘‘In this section—’’ for ‘‘As used in this sub- section—’’, and added pars. (3) to (5).