18 U.S.C. § 1512 — Tampering with a witness, victim, or an

Page 392 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1511 2006—Subsec. (e). Pub. L. 109–177 added subsec. (e). 1996—Subsec. (b)(3)(B). Pub. L. 104–191 which directed the insertion of ‘‘or a Department of Justice subpoena (issued under section 3486 of title 18),’’ after ‘‘sub- poena’’, was executed by making the insertion after ‘‘subpoena’’ the second place it appeared to reflect the probable intent of Congress. 1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(K), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Subsec. (d). Pub. L. 103–322, § 320604(c), added subsec. (d). 1992—Subsec. (b)(3)(B)(i). Pub. L. 102–550 substituted ‘‘1344, 1956, 1957, or chapter 53 of title 31’’ for ‘‘or 1344’’. 1989—Subsecs. (b), (c). Pub. L. 101–73 added subsec. (b) and redesignated former subsec. (b) as (c). 1982—Subsec. (a). Pub. L. 97–291 struck out ‘‘, misrepresentation, intimidation, or force or threats thereof’’ after ‘‘bribery’’, and struck out provision ap- plying the penalties provided by this subsection to whoever injured any person in his person or property on account of the giving by such person or any other person of any information relating to a violation of any criminal statute of the United States to any criminal investigator. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as an Effective Date note under section 1512 of this title. § 1511. Obstruction of State or local law enforce- ment (a) It shall be unlawful for two or more per- sons to conspire to obstruct the enforcement of the criminal laws of a State or political subdivi- sion thereof, with the intent to facilitate an ille- gal gambling business if— (1) one or more of such persons does any act to effect the object of such a conspiracy; (2) one or more of such persons is an official or employee, elected, appointed, or otherwise, of such State or political subdivision; and (3) one or more of such persons conducts, fi- nances, manages, supervises, directs, or owns all or part of an illegal gambling business. (b) As used in this section— (1) ‘‘illegal gambling business’’ means a gambling business which— (i) is a violation of the law of a State or political subdivision in which it is con- ducted; (ii) involves five or more persons who con- duct, finance, manage, supervise, direct, or own all or part of such business; and (iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day. (2) ‘‘gambling’’ includes but is not limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels, or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein. (3) ‘‘State’’ means any State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, and any territory or possession of the United States. (c) This section shall not apply to any bingo game, lottery, or similar game of chance con- ducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, as amended, if no part of the gross receipts derived from such activity inures to the benefit of any private shareholder, member, or employee of such organization, except as compensation for actual expenses incurred by him in the conduct of such activity. (d) Whoever violates this section shall be pun- ished by a fine under this title or imprisonment for not more than five years, or both. (Added Pub. L. 91–452, title VIII, § 802(a), Oct. 15, 1970, 84 Stat. 936; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–322, title XXXIII, § 330016(2)(C), Sept. 13, 1994, 108 Stat. 2148.) Editorial Notes REFERENCES IN TEXT Paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to section 501(c)(3) of Title 26, Internal Revenue Code. AMENDMENTS 1994—Subsec. (d). Pub. L. 103–322 substituted ‘‘fine under this title’’ for ‘‘fine of not more than $20,000’’. 1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Statutory Notes and Related Subsidiaries CONGRESSIONAL STATEMENT OF FINDINGS Pub. L. 91–452, title VIII, § 801, Oct. 15, 1970, 84 Stat. 936, provided that: ‘‘The Congress finds that illegal gambling involves widespread use of, and has an effect upon, interstate commerce and the facilities thereof.’’ PRIORITY OF STATE LAWS Pub. L. 91–452, title VIII, § 811, Oct. 15, 1970, 84 Stat. 940, provided that: ‘‘No provision of this title [enacting this section and section 1955 of this title, amending sec- tion 2516 of this title, and enacting provisions set out as notes under this section and section 1955 of this title] indicates an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of a state or possession, or a polit- ical subdivision of a State or possession, on the same subject matter, or to relieve any person of any obliga- tion imposed by any law of any State or possession, or political subdivision of a State or possession.’’ § 1512. Tampering with a witness, victim, or an informant (a)(1) Whoever kills or attempts to kill an- other person, with intent to— (A) prevent the attendance or testimony of any person in an official proceeding; (B) prevent the production of a record, docu- ment, or other object, in an official pro- ceeding; or (C) prevent the communication by any per- son to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (2) Whoever uses physical force or the threat of physical force against any person, or at- tempts to do so, with intent to— Page 393 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1512 1 So in original. (A) influence, delay, or prevent the testi- mony of any person in an official proceeding; (B) cause or induce any person to— (i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an offi- cial proceeding; (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an of- ficial proceeding; or (iv) be absent from an official proceeding to which that person has been summoned by legal process; or (C) hinder, delay, or prevent the communica- tion to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or re- lease pending judicial proceedings; shall be punished as provided in paragraph (3). (3) The punishment for an offense under this subsection is— (A) in the case of a killing, the punishment provided in sections 1111 and 1112; (B) in the case of— (i) an attempt to murder; or (ii) the use or attempted use of physical force against any person; imprisonment for not more than 30 years; and (C) in the case of the threat of use of phys- ical force against any person, imprisonment for not more than 20 years. (b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another per- son, or attempts to do so, or engages in mis- leading conduct toward another person, with in- tent to— (1) influence, delay, or prevent the testi- mony of any person in an official proceeding; (2) cause or induce any person to— (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s in- tegrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an of- ficial proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communica- tion to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation 1 supervised release,,1 parole, or re- lease pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both. (c) Whoever corruptly— (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or im- pedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from— (1) attending or testifying in an official pro- ceeding; (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation 1 super- vised release,,1 parole, or release pending judi- cial proceedings; (3) arresting or seeking the arrest of another person in connection with a Federal offense; or (4) causing a criminal prosecution, or a pa- role or probation revocation proceeding, to be sought or instituted, or assisting in such pros- ecution or proceeding; or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both. (e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a pre- ponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, in- duce, or cause the other person to testify truth- fully. (f) For the purposes of this section— (1) an official proceeding need not be pending or about to be instituted at the time of the of- fense; and (2) the testimony, or the record, document, or other object need not be admissible in evi- dence or free of a claim of privilege. (g) In a prosecution for an offense under this section, no state of mind need be proved with re- spect to the circumstance— (1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States mag- istrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Govern- ment or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or con- sultant. (h) There is extraterritorial Federal jurisdic- tion over an offense under this section. (i) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be af- Page 394 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1512 fected or in the district in which the conduct constituting the alleged offense occurred. (j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any of- fense charged in such case. (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the con- spiracy. (Added Pub. L. 97–291, § 4(a), Oct. 12, 1982, 96 Stat. 1249; amended Pub. L. 99–646, § 61, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100–690, title VII, § 7029(a), (c), Nov. 18, 1988, 102 Stat. 4397, 4398; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–322, title VI, § 60018, title XXXIII, § 330016(1)(O), (U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L. 104–214, § 1(2), Oct. 1, 1996, 110 Stat. 3017; Pub. L. 104–294, title VI, § 604(b)(31), Oct. 11, 1996, 110 Stat. 3508; Pub. L. 107–204, title XI, § 1102, July 30, 2002, 116 Stat. 807; Pub. L. 107–273, div. B, title III, § 3001(a), (c)(1), Nov. 2, 2002, 116 Stat. 1803, 1804; Pub. L. 110–177, title II, § 205, Jan. 7, 2008, 121 Stat. 2537.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(3)(A). Pub. L. 110–177, § 205(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘in the case of murder (as defined in section 1111), the death penalty or imprison- ment for life, and in the case of any other killing, the punishment provided in section 1112;’’. Subsec. (a)(3)(B). Pub. L. 110–177, § 205(1)(B), sub- stituted ‘‘30 years’’ for ‘‘20 years’’ in concluding provi- sions. Subsec. (a)(3)(C). Pub. L. 110–177, § 205(1)(C), sub- stituted ‘‘20 years’’ for ‘‘10 years’’. Subsec. (b). Pub. L. 110–177, § 205(2), substituted ‘‘20 years’’ for ‘‘ten years’’ in concluding provisions. Subsec. (d). Pub. L. 110–177, § 205(3), substituted ‘‘3 years’’ for ‘‘one year’’ in concluding provisions. 2002—Subsec. (a)(1). Pub. L. 107–273, § 3001(a)(1)(A), substituted ‘‘as provided in paragraph (3)’’ for ‘‘as pro- vided in paragraph (2)’’ in concluding provisions. Subsec. (a)(2). Pub. L. 107–273, § 3001(a)(1)(C), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 107–273, § 3001(a)(1)(B), (D), re- designated par. (2) as (3), added subpars. (B) and (C), and struck out former subpar. (B) which read as fol- lows: ‘‘(B) in the case of an attempt, imprisonment for not more than twenty years.’’ Subsec. (b). Pub. L. 107–273, § 3001(a)(2), struck out ‘‘or physical force’’ after ‘‘intimidation’’ in introductory provisions. Subsec. (b)(3). Pub. L. 107–273, § 3001(c)(1), inserted ‘‘supervised release,’’ after ‘‘probation’’. Subsec. (c). Pub. L. 107–204 added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 107–204 redesignated former sub- sec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(2). Pub. L. 107–273, § 3001(c)(1), inserted ‘‘supervised release,’’ after ‘‘probation’’. Subsecs. (e) to (j). Pub. L. 107–204 redesignated former subsecs. (d) to (i) as (e) to (j), respectively. Subsec. (k). Pub. L. 107–273, § 3001(a)(3), added subsec. (k). 1996—Subsec. (a)(2)(A). Pub. L. 104–294 inserted ‘‘and’’ after semicolon at end. Subsec. (i). Pub. L. 104–214 added subsec. (i). 1994—Subsec. (a)(2)(A). Pub. L. 103–322, § 60018, amend- ed subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘(A) in the case of a killing, the punishment provided in sections 1111 and 1112 of this title; and’’. Subsec. (b). Pub. L. 103–322, § 330016(1)(U), substituted ‘‘fined under this title’’ for ‘‘fined not more than $250,000’’ in concluding provisions. Subsec. (c). Pub. L. 103–322, § 330016(1)(O), substituted ‘‘fined under this title’’ for ‘‘fined not more than $25,000’’ in concluding provisions. 1988—Subsec. (b). Pub. L. 100–690, § 7029(c), substituted ‘‘threatens, or corruptly persuades’’ for ‘‘or threatens’’. Subsec. (h). Pub. L. 100–690, § 7029(a), added subsec. (h). 1986—Subsec. (a). Pub. L. 99–646, § 61(2), (3), added sub- sec. (a) and redesignated former subsec. (a) as (b). Subsecs. (b) to (g). Pub. L. 99–646, § 61(1), (3), redesig- nated former subsec. (a) as (b), inserted ‘‘, delay, or prevent’’, and redesignated former subsecs. (b) to (f) as (c) to (g), respectively. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ and ‘‘United States mag- istrate judge’’ substituted for ‘‘magistrate’’ and ‘‘United States magistrate’’, respectively, in subsec. (f)(1) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. 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 Pub. L. 97–291, § 9, Oct. 12, 1982, 96 Stat. 1258, provided that: ‘‘(a) Except as provided in subsection (b), this Act and the amendments made by this Act [enacting this sec- tion and sections 1513 to 1515, 3579, and 3580 of this title, amending sections 1503, 1505, 1510, and 3146 of this title and Rule 32 of the Federal Rules of Criminal Procedure, and enacting provisions set out as notes under this sec- tion and sections 1501 and 3579 of this title] shall take effect on the date of the enactment of this Act [Oct. 12, 1982]. ‘‘(b)(1) The amendment made by section 2 of this Act [enacting provisions set out as a note under this sec- tion] shall apply to presentence reports ordered to be made on or after March 1, 1983. ‘‘(2) The amendments made by section 5 of this Act [enacting sections 3579 and 3580 of this title] shall apply with respect to offenses occurring on or after January 1, 1983.’’ CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES Pub. L. 97–291, § 2, Oct. 12, 1982, 96 Stat. 1248, provided that: ‘‘(a) The Congress finds and declares that: ‘‘(1) Without the cooperation of victims and wit- nesses, the criminal justice system would cease to function; yet with few exceptions these individuals are either ignored by the criminal justice system or simply used as tools to identify and punish offenders. ‘‘(2) All too often the victim of a serious crime is forced to suffer physical, psychological, or financial hardship first as a result of the criminal act and then as a result of contact with a criminal justice system unresponsive to the real needs of such victim. ‘‘(3) Although the majority of serious crimes falls under the jurisdiction of State and local law enforce- ment agencies, the Federal Government, and in par- ticular the Attorney General, has an important lead- ership role to assume in ensuring that victims of crime, whether at the Federal, State, or local level, Page 395 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1512 are given proper treatment by agencies administering the criminal justice system. ‘‘(4) Under current law, law enforcement agencies must have cooperation from a victim of crime and yet neither the agencies nor the legal system can offer adequate protection or assistance when the vic- tim, as a result of such cooperation, is threatened or intimidated. ‘‘(5) While the defendant is provided with counsel who can explain both the criminal justice process and the rights of the defendant, the victim or witness has no counterpart and is usually not even notified when the defendant is released on bail, the case is dis- missed, a plea to a lesser charge is accepted, or a court date is changed. ‘‘(6) The victim and witness who cooperate with the prosecutor often find that the transportation, park- ing facilities, and child care services at the court are unsatisfactory and they must often share the pretrial waiting room with the defendant or his family and friends. ‘‘(7) The victim may lose valuable property to a criminal only to lose it again for long periods of time to Federal law enforcement officials, until the trial and sometimes and [sic] appeals are over; many times that property is damaged or lost, which is particu- larly stressful for the elderly or poor. ‘‘(b) The Congress declares that the purposes of this Act [see Short Title of 1982 Amendment note set out under section 1501 of this title] are— ‘‘(1) to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process; ‘‘(2) to ensure that the Federal Government does all that is possible within limits of available resources to assist victims and witnesses of crime without in- fringing on the constitutional rights of the defend- ant; and ‘‘(3) to provide a model for legislation for State and local governments.’’ FEDERAL GUIDELINES FOR TREATMENT OF CRIME VIC- TIMS AND WITNESSES IN THE CRIMINAL JUSTICE SYS- TEM Pub. L. 97–291, § 6, Oct. 12, 1982, 96 Stat. 1256, as amended by Pub. L. 98–473, title II, § 1408(b), Oct. 12, 1984, 98 Stat. 2177, provided that: ‘‘(a) Within two hundred and seventy days after the date of enactment of this Act [Oct. 12, 1982], the Attor- ney General shall develop and implement guidelines for the Department of Justice consistent with the purposes of this Act [see Short Title of 1982 Amendment note set out under section 1501 of this title]. In preparing the guidelines the Attorney General shall consider the fol- lowing objectives: ‘‘(1) SERVICES TO VICTIMS OF CRIME.—Law enforce- ment personnel should ensure that victims routinely receive emergency social and medical services as soon as possible and are given information on the fol- lowing— ‘‘(A) availability of crime victim compensation (where applicable); ‘‘(B) community-based victim treatment pro- grams; ‘‘(C) the role of the victim in the criminal justice process, including what they can expect from the system as well as what the system expects from them; and ‘‘(D) stages in the criminal justice process of sig- nificance to a crime victim, and the manner in which information about such stages can be ob- tained. ‘‘(2) NOTIFICATION OF AVAILABILITY OF PROTECTION.— A victim or witness should routinely receive informa- tion on steps that law enforcement officers and attor- neys for the Government can take to protect victims and witnesses from intimidation. ‘‘(3) SCHEDULING CHANGES.—All victims and wit- nesses who have been scheduled to attend criminal justice proceedings should either be notified as soon as possible of any scheduling changes which will af- fect their appearances or have available a system for alerting witnesses promptly by telephone or other- wise. ‘‘(4) PROMPT NOTIFICATION TO VICTIMS OF SERIOUS CRIMES.—Victims, witnesses, relatives of those vic- tims and witnesses who are minors, and relatives of homicide victims should, if such persons provide the appropriate official with a current address and tele- phone number, receive prompt advance notification, if possible, of— ‘‘(A) the arrest of an accused; ‘‘(B) the initial appearance of an accused before a judicial officer; ‘‘(C) the release of the accused pending judicial proceedings; and ‘‘(D) proceedings in the prosecution and punish- ment of the accused (including entry of a plea of guilty, trial, sentencing, and, where a term of im- prisonment is imposed, a hearing to determine a pa- role release date and the release of the accused from such imprisonment). ‘‘(5) CONSULTATION WITH VICTIM.—The victim of a se- rious crime, or in the case of a minor child or a homi- cide, the family of the victim, should be consulted by the attorney for the Government in order to obtain the views of the victim or family about the disposi- tion of any Federal criminal case brought as a result of such crime, including the views of the victim or family about— ‘‘(A) dismissal; ‘‘(B) release of the accused pending judicial pro- ceedings; ‘‘(C) plea negotiations; and ‘‘(D) pretrial diversion program. ‘‘(6) SEPARATE WAITING AREA.—Victims and other prosecution witnesses should be provided prior to court appearance a waiting area that is separate from all other witnesses. ‘‘(7) PROPERTY RETURN.—Law enforcement agencies and prosecutor should promptly return victim’s prop- erty held for evidentiary purposes unless there is a compelling law enforcement reason for retaining it. ‘‘(8) NOTIFICATION TO EMPLOYER.—A victim or wit- ness who so requests should be assisted by law en- forcement agencies and attorneys for the Govern- ment in informing employers that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of that victim or wit- ness from work. A victim or witness who, as a direct result of a crime or of cooperation with law enforce- ment agencies or attorneys for the Government, is subjected to serious financial strain, should be as- sisted by such agencies and attorneys in explaining to creditors the reason for such serious financial strain. ‘‘(9) TRAINING BY FEDERAL LAW ENFORCEMENT TRAIN- ING FACILITIES.—Victim assistance education and training should be offered to persons taking courses at Federal law enforcement training facilities and at- torneys for the Government so that victims may be promptly, properly, and completely assisted. ‘‘(10) GENERAL VICTIM ASSISTANCE.—The guidelines should also ensure that any other important assist- ance to victims and witnesses, such as the adoption of transportation, parking, and translator services for victims in court be provided. ‘‘(b) Nothing in this title shall be construed as cre- ating a cause of action against the United States. ‘‘(c) The Attorney General shall assure that all Fed- eral law enforcement agencies outside of the Depart- ment of Justice adopt guidelines consistent with sub- section (a) of this section.’’ [Amendment of section 6 of Pub. L. 97–291 by Pub. L. 98–473, set out above, effective 30 days after Oct. 12, 1984, see section 1409(a) of Pub. L. 98–473, set out as an Effective Date note under section 20101 of Title 34, Crime Control and Law Enforcement.] Page 396 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1513 § 1513. Retaliating against a witness, victim, or an informant (a)(1) Whoever kills or attempts to kill an- other person with intent to retaliate against any person for— (A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object pro- duced by a witness in an official proceeding; or (B) providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, super- vised release, parole, or release pending judi- cial proceedings, shall be punished as provided in paragraph (2). (2) The punishment for an offense under this subsection is— (A) in the case of a killing, the punishment provided in sections 1111 and 1112; and (B) in the case of an attempt, imprisonment for not more than 30 years. (b) Whoever knowingly engages in any conduct and thereby causes bodily injury to another per- son or damages the tangible property of another person, or threatens to do so, with intent to re- taliate against any person for— (1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object pro- duced by a witness in an official proceeding; or (2) any information relating to the commis- sion or possible commission of a Federal of- fense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer; or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (c) If the retaliation occurred because of at- tendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been im- posed for any offense charged in such case. (d) There is extraterritorial Federal jurisdic- tion over an offense under this section. (e) Whoever knowingly, with the intent to re- taliate, takes any action harmful to any person, including interference with the lawful employ- ment or livelihood of any person, for providing to a law enforcement officer any truthful infor- mation relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both. (f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the con- spiracy. (g) A prosecution under this section may be brought in the district in which the official pro- ceeding (whether pending, about to be insti- tuted, or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred. (Added Pub. L. 97–291, § 4(a), Oct. 12, 1982, 96 Stat. 1250; amended Pub. L. 103–322, title VI, § 60017, title XXXIII, § 330016(1)(U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L. 104–214, § 1(1), Oct. 1, 1996, 110 Stat. 3017; Pub. L. 107–204, title XI, § 1107(a), July 30, 2002, 116 Stat. 810; Pub. L. 107–273, div. B, title III, § 3001(b), (c)(2), title IV, § 4002(b)(4), Nov. 2, 2002, 116 Stat. 1804, 1807; Pub. L. 110–177, title II, §§ 204, 206, Jan. 7, 2008, 121 Stat. 2537.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(1)(B). Pub. L. 110–177, § 206(1), in- serted comma after ‘‘probation’’ and struck out comma after ‘‘release,’’. Subsec. (a)(2)(B). Pub. L. 110–177, § 206(2), substituted ‘‘30 years’’ for ‘‘20 years’’. Subsec. (b). Pub. L. 110–177, § 206(3)(B), substituted ‘‘20 years’’ for ‘‘ten years’’ in concluding provisions. Subsec. (b)(2). Pub. L. 110–177, § 206(3)(A), inserted comma after ‘‘probation’’ and struck out comma after ‘‘release,’’. Subsecs. (e), (f). Pub. L. 110–177, § 206(4), redesignated subsec. (e) relating to conspiracy to commit any of- fense under this section as (f). Subsec. (g). Pub. L. 110–177, § 204, added subsec. (g). 2002—Subsecs. (a)(1)(B), (b)(2). Pub. L. 107–273, § 3001(c)(2), inserted ‘‘supervised release,’’ after ‘‘proba- tion’’. Subsec. (d). Pub. L. 107–273, § 4002(b)(4), transferred subsec. (d) to appear after subsec. (c). Subsec. (e). Pub. L. 107–273, § 3001(b), added subsec. (e) relating to conspiracy to commit any offense under this section. Pub. L. 107–204 added subsec. (e) relating to taking of action harmful to any person for providing law enforce- ment officer truthful information relating to commis- sion of offense. 1996—Subsec. (c). Pub. L. 104–214, § 1(1)(B), added sub- sec. (c) at end. Pub. L. 104–214, § 1(1)(A), redesignated subsec. (c) as (d). Subsec. (d). Pub. L. 104–214, § 1(1)(A), redesignated subsec. (c) as (d). 1994—Subsec. (a). Pub. L. 103–322, § 60017(2), added sub- sec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 103–322, § 330016(1)(U), substituted ‘‘fined under this title’’ for ‘‘fined not more than $250,000’’ in concluding provisions. Pub. L. 103–322, § 60017(1), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 103–322, § 60017(1), redesignated subsec. (b) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as a note under section 1512 of this title. § 1514. Civil action to restrain harassment of a victim or witness (a)(1) A United States district court, upon ap- plication of the attorney for the Government, shall issue a temporary restraining order pro- hibiting harassment of a victim or witness in a Federal criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to believe that harassment of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and re- strain an offense under section 1512 of this title, other than an offense consisting of misleading conduct, or under section 1513 of this title.