18 U.S.C. § 1752 — Restricted building or grounds

Page 442 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1752 1 So in original. The word ‘‘or’’ probably should not appear. 2 So in original. Probably should be followed by ‘‘or’’. Pub. L. 103–322, § 330016(1)(L), substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ after ‘‘sub- section (a)(1) shall be’’ and after ‘‘results, shall be’’. Pub. L. 103–322, § 320101(e)(3), inserted ‘‘the assault in- volved the use of a dangerous weapon, or’’ before ‘‘per- sonal injury results’’. Pub. L. 103–322, § 320101(e)(2), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(K), above, was repealed by Pub. L. 104–294, § 604(b)(12)(D). Pub. L. 103–322, § 320101(e)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(12)(D). 1982—Pub. L. 97–285, § 4(a), inserted ‘‘and Presidential staff’’ after ‘‘Presidential’’ in section catchline. Subsec. (a). Pub. L. 97–285, § 3(a), inserted ‘‘(1)’’ after ‘‘Whoever kills’’ and ‘‘or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President,’’ after ‘‘laws of the United States’’. Subsec. (e). Pub. L. 97–285, § 3(b), substituted ‘‘(a)(1)’’ for ‘‘(a)’’ and inserted provision that whoever assaults any person designated in subsec. (a)(2) of this section shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury re- sults, shall be fined not more than $10,000, or impris- oned not more than ten years, or both. Subsec. (g). Pub. L. 97–285, § 3(c), substituted ‘‘sub- section (a)(1)’’ for ‘‘this section’’ after ‘‘a violation of’’. Subsecs. (j), (k). Pub. L. 97–285, § 3(d), added subsecs. (j) and (k). 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. § 1752. Restricted building or grounds (a) Whoever— (1) knowingly enters or remains in any re- stricted building or grounds without lawful authority to do so; (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in dis- orderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; (3) knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or im- pedes ingress or egress to or from any re- stricted building or grounds; or 1 (4) knowingly engages in any act of physical violence against any person or property in any restricted building or grounds; 2 (5) knowingly and willfully operates an un- manned aircraft system with the intent to knowingly and willfully direct or otherwise cause such unmanned aircraft system to enter or operate within or above a restricted build- ing or grounds; or attempts or conspires to do so, shall be pun- ished as provided in subsection (b). (b) The punishment for a violation of sub- section (a) is— (1) a fine under this title or imprisonment for not more than 10 years, or both, if— (A) the person, during and in relation to the offense, uses or carries a deadly or dan- gerous weapon or firearm; or (B) the offense results in significant bodily injury as defined by section 2118(e)(3); and (2) a fine under this title or imprisonment for not more than one year, or both, in any other case. (c) In this section— (1) the term ‘‘restricted buildings or grounds’’ means any posted, cordoned off, or otherwise restricted area— (A) of the White House or its grounds, or the Vice President’s official residence or its grounds; (B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily vis- iting; or (C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and (2) the term ‘‘other person protected by the Secret Service’’ means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection. (Added Pub. L. 91–644, title V, § 18, Jan. 2, 1971, 84 Stat. 1891; amended Pub. L. 97–308, § 1, Oct. 14, 1982, 96 Stat. 1451; Pub. L. 98–587, § 3(b), Oct. 30, 1984, 98 Stat. 3112; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–177, title VI, § 602(a), (b)(1), Mar. 9, 2006, 120 Stat. 252; Pub. L. 112–98, § 2, Mar. 8, 2012, 126 Stat. 263; Pub. L. 115–254, div. B, title III, § 381, Oct. 5, 2018, 132 Stat. 3320.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(5). Pub. L. 115–254 added par. (5). 2012—Pub. L. 112–98 amended section generally. Prior to amendment, section related to unlawful activities on restricted buildings or grounds. 2006—Pub. L. 109–177, § 602(b)(1), substituted ‘‘Re- stricted building or grounds’’ for ‘‘Temporary resi- dences and offices of the President and others’’ in sec- tion catchline. Subsec. (a)(1). Pub. L. 109–177, § 602(a)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘willfully and knowingly to enter or remain in ‘‘(i) any building or grounds designated by the Sec- retary of the Treasury as temporary residences of the President or other person protected by the Secret Service or as temporary offices of the President and his staff or of any other person protected by the Se- cret Service, or ‘‘(ii) any posted, cordoned off, or otherwise re- stricted area of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting, in violation of the regulations governing ingress or egress thereto:’’. Subsec. (a)(2). Pub. L. 109–177, § 602(a)(1)(C), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 109–177, § 602(a)(1)(B), (D), redes- ignated par. (2) as (3), inserted ‘‘willfully, knowingly, and’’ before ‘‘with intent to impede or disrupt’’, and substituted ‘‘described in paragraph (1) or (2)’’ for ‘‘des- ignated in paragraph (1)’’. Former par. (3) redesignated (4). Subsec. (a)(4), (5). Pub. L. 109–177, § 602(a)(1)(B), (E), (F), redesignated pars. (3) and (4) as (4) and (5), respec- Page 443 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1761 tively, and substituted ‘‘described in paragraph (1) or (2)’’ for ‘‘designated or enumerated in paragraph (1)’’ in each par. Subsec. (b). Pub. L. 109–177, § 602(a)(2), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Violation of this section, and attempts or conspiracies to commit such violations, shall be pun- ishable by a fine under this title or imprisonment not exceeding six months, or both.’’ Subsecs. (d) to (f). Pub. L. 109–177, § 602(a)(3), redesig- nated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows: ‘‘The Secretary of the Treasury is authorized— ‘‘(1) to designate by regulations the buildings and grounds which constitute the temporary residences of the President or other person protected by the Secret Service and the temporary offices of the President and his staff or of any other person protected by the Secret Service, and ‘‘(2) to prescribe regulations governing ingress or egress to such buildings and grounds and to posted, cordoned off, or otherwise restricted areas where the President or other person protected by the Secret Service is or will be temporarily visiting.’’ 1994—Subsec. (b). Pub. L. 103–322, which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $500’’, was executed in subsec. (b) by substituting ‘‘under this title’’ for ‘‘not exceed- ing $500’’ to reflect the probable intent of Congress. 1984—Subsec. (f). Pub. L. 98–587 amended subsec. (f) generally, substituting ‘‘any person whom the United States Secret Service is authorized to protect under section 3056 of this title when such person has not de- clined such protection’’ for ‘‘any person authorized by section 3056 of this title or by Public Law 90–331, as amended, to receive the protection of the United States Secret Service when such person has not declined such protection pursuant to section 3056 of this title or pur- suant to Public Law 90–331, as amended’’. 1982—Pub. L. 97–308, § 1(a), substituted ‘‘Temporary residences and offices of the President and others’’ for ‘‘Temporary residence of the President’’ in section catchline. Subsec. (a)(1)(i). Pub. L. 97–308, § 1(b), made one’s pres- ence unlawful at designated temporary residences and temporary offices of any other person protected by the Secret Service. Subsec. (a)(1)(ii). Pub. L. 97–308, § 1(c), inserted ‘‘or other person protected by the Secret Service’’ after ‘‘President’’. Subsec. (d)(1). Pub. L. 97–308, § 1(d), authorized regula- tions for designation of the temporary residences and the temporary offices of any other person protected by the Secret Service. Subsec. (d)(2). Pub. L. 97–308, § 1(e), inserted ‘‘or other person protected by the Secret Service’’ after ‘‘Presi- dent’’. Subsec. (f). Pub. L. 97–308, § 1(f), added subsec. (f). 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 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 85—PRISON-MADE GOODS Sec. 1761. Transportation or importation. 1762. Marking packages. § 1761. Transportation or importation (a) Whoever knowingly transports in inter- state commerce or from any foreign country into the United States any goods, wares, or mer- chandise manufactured, produced, or mined, wholly or in part by convicts or prisoners, ex- cept convicts or prisoners on parole, supervised release, or probation, or in any penal or reform- atory institution, shall be fined under this title or imprisoned not more than two years, or both. (b) This chapter shall not apply to agricul- tural commodities or parts for the repair of farm machinery, nor to commodities manufac- tured in a Federal, District of Columbia, or State institution for use by the Federal Govern- ment, or by the District of Columbia, or by any State or Political subdivision of a State or not- for-profit organizations. (c) In addition to the exceptions set forth in subsection (b) of this section, this chapter shall not apply to goods, wares, or merchandise manu- factured, produced, or mined by convicts or pris- oners who— (1) are participating in—one of not more than 50 prison work pilot projects designated by the Director of the Bureau of Justice As- sistance; (2) have, in connection with such work, re- ceived wages at a rate which is not less than that paid for work of a similar nature in the locality in which the work was performed, ex- cept that such wages may be subject to deduc- tions which shall not, in the aggregate, exceed 80 per centum of gross wages, and shall be lim- ited as follows: (A) taxes (Federal, State, local); (B) reasonable charges for room and board, as determined by regulations issued by the chief State correctional officer, in the case of a State prisoner; (C) allocations for support of family pursu- ant to State statute, court order, or agree- ment by the offender; (D) contributions to any fund established by law to compensate the victims of crime of not more than 20 per centum but not less than 5 per centum of gross wages; (3) have not solely by their status as offend- ers, been deprived of the right to participate in benefits made available by the Federal or State Government to other individuals on the basis of their employment, such as workmen’s compensation. However, such convicts or pris- oners shall not be qualified to receive any pay- ments for unemployment compensation while incarcerated, notwithstanding any other pro- vision of the law to the contrary; and (4) have participated in such employment voluntarily and have agreed in advance to the specific deductions made from gross wages pursuant to this section, and all other finan- cial arrangements as a result of participation in such employment. (d) This section shall not apply to goods, wares, or merchandise manufactured, produced, mined or assembled by convicts or prisoners who are participating in any pilot project approved by the FPI Board of Directors, which are cur- rently, or would otherwise be, manufactured, produced, mined, or assembled outside the United States. (e) For the purposes of this section, the term ‘‘State’’ means a State of the United States and