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Crimes and Criminal Procedure - 18 USC Section 115

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01/19/04


Sec. 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 attempts or conspires to
kidnap or murder, or threatens to assault, kidnap or murder a
member of the immediate family of a United States official, a
United States judge, a Federal law enforcement officer, or an
official whose killing 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 official whose killing would be a crime under such
section,
with intent to impede, intimidate, or interfere with such official,
judge, or law enforcement officer while engaged in the performance
of official 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 designated in
paragraph (1), or a member of the immediate 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) An assault in violation of this section shall be punished
as provided in section 111 of this title.
(2) A kidnapping, attempted kidnapping, or conspiracy to kidnap
in violation of this section shall be punished as provided in
section 1201 of this title for the kidnapping or attempted
kidnapping of, or a conspiracy to kidnap, a person described in
section 1201(a)(5) of this title.
(3) A murder, attempted murder, or conspiracy to murder in
violation of this section shall be punished as provided in sections
1111, 1113, and 1117 of this title.
(4) A threat made in violation of this section shall be punished
by a fine under this title or imprisonment for a term of not more
than 10 years, or both, except that imprisonment for a threatened
assault shall not exceed 6 years.
(c) As used in this section, the term -

(1) "Federal law enforcement officer" means any officer, agent,
or employee of the United States authorized by law or by a
Government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
Federal criminal law;

(2) "immediate family member" of an individual means -

(A) his spouse, parent, brother or sister, child or person to

whom he stands in loco parentis; or

(B) any other person living in his household and related to

him by blood or marriage;

(3) "United States judge" means any judicial officer of the
United States, and includes a justice of the Supreme Court and a
United States magistrate judge; and

(4) "United States official" means the President,
President-elect, Vice President, Vice President-elect, a Member
of Congress, a member-elect of Congress, a member of the
executive branch who is the head of a department listed in 5
U.S.C. 101, or the Director of the Central Intelligence Agency.
(d) This section shall not interfere with the investigative
authority of the United States Secret Service, as provided under
sections 3056, 871, and 879 of this title.

Last modified: April 12, 2006