18 U.S.C. § 113 — Assaults within maritime and territorial ju-

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). 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;