Public Law 92–539

Sec. 101.

Chapter 51 of title 18, United States Code, is amended by

62 Stat. 756.

18 USC 1111.

adding at the end thereof the following new sections:

Ҥ 1116. Murder or manslaughter of foreign officials or official guests

“(a)“(a)

Whoever kills a foreign official or official guest shall be punished

Penalty.

as provided under sections 1111 and 1112 of this title, except that any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life.

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“(b)“(b)

For the purpose of this section ‘foreign official’ means—

Definitions.

“(1)“(1)

a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and

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“(2)“(2)

any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.

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“(c)“(c)

For the purpose of this section:

“(1)“(1)

‘Foreign government’ means the government of a foreign country, irrespective of recognition by the United States.

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“(2)“(2)

‘International organization’ means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288).

59 Stat. 669.

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“(3)“(3)

‘Family’ includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official stands in loco parentis, or (b) any other person living in his household and related to the foreign official by blood or marriage.

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“(4)“(4)

‘Official guest’ means a citizen or national of a foreign country present in the United States as an official guest of the government of the United States pursuant to designation as such by the Secretary of State.

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Ҥ 1117. Conspiracy to murder

“If two or more persons conspire to violate section 1111, 1114, or 1116 of this title, and one or more of such persons do any overt act to

62 Stat. 756; 65 Stat. 721; Supra.

effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.”

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Sec. 102.

The analysis of chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following new items:

Sec. 201.

Section 1201 of title 18, United States Code, is amended to read as follows:

Ҥ 1201. Kidnaping

“(a)“(a)

Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when:

“(1)“(1)

the person is willfully transported in interstate or foreign commerce;

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“(2)“(2)

any such act against the person is done within the special maritime and territorial jurisdiction of the United States;

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“(3)“(3)

any such act against the person is done within the special aircraft, jurisdiction of the United States as defined in section 101 (32) of the Federal Aviation Act of 1958, as amended (49 U.S.C.

84 Stat. 921.

1301(32)); or

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“(4)“(4)

the person is a foreign official as defined in section 1116(b) or an official guest as defined in section 1116(c) (4) of this title,

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Ante, p. 107 1.

Penalty.

shall be punished by imprisonment for any term of years or for life.

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“(b)“(b)

With respect to subsection (a) (1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnaped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce.

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“(c)“(c)

If two or more persons conspire to violate this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life.”

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Sec. 202.

The analysis of chapter 55 of title 18, United States Code, is amended by deleting

and substituting the following:

Sec. 301.

Section 112 of title 18, United States Code, is amended to read as follows:

Ҥ 112. Protection of foreign officials and official guests

“(a)“(a)

Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official or official guest shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

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“(b)“(b)

Whoever willfully intimidates, coerces, threatens, or harasses a foreign official or an official guest, or willfully obstructs a foreign official in the performance of his duties, shall be fined not more than $500, or imprisoned not more than six months, or both.

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“(c)“(c)

Whoever within the United States but outside the District of Columbia and within one hundred feet of any building or premises belonging to or used or occupied by a foreign government or by a foreign official for diplomatic or consular purposes, or as a mission to an international organization, or as a residence of a foreign official, or belonging to or used or occupied by an international organization for official business or residential purposes, publicly—

“(1)“(1)

parades, pickets, displays any flag, banner, sign, placard, or device, or utters any word, phrase, sound, or noise, for the purpose of intimidating, coercing, threatening, or harassing any foreign official or obstructing him in the performance of his duties, or

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“(2)“(2)

congregates with two or more other persons with the intent to perform any of the aforesaid acts or to violate subsection (a) or (b) of this section,

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shall be fined not more than $500, or imprisoned not more than six months, or both.

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“(d)“(d)

For the purpose of this section ‘foreign official’, ‘foreign government’,

Definitions.

‘international organization’, and ‘official guest’ shall have the same meanings as those provided in sections 1116 (b) and (c) of this title.

Ante, p. 1071.

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“(e)“(e)

Nothing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States.”

USC prec. title 1.

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Sec. 302.

The analysis of chapter 7 of title 18, United States Code, is amended by deleting

and adding at the beginning thereof the following new item:

Sec. 401.

Chapter 45 of title 18, United States Code, is amended by

62 Stat. 743.

18 USC 951.

adding at the end thereof the following new section:

Ҥ 970. Protection of property occupied by foreign governments

“(a)“(a)

Whoever willfully injures, damages, or destroys, or attempts

Offenses and penalties.

to injure, damage., or destroy, any property, real or personal, located within the United States and belonging to or utilized or occupied by any foreign government or international organization, by a foreign official or official guest., shall be fined not more than $10,000, or imprisoned not more than five years, or both.

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“(b)“(b)

For the purpose of this section ‘foreign official’, ‘foreign government’,

Definitions.

‘international organization’, and ‘official guest’ shall have the same meanings as those provided in sections 1116 (b) and (c) of this title.”

Ante, p. 1071.

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Sec. 402.

The analysis of chapter 45 of title 18, United States Code, is amended by adding at the end thereof the following new item: