Volume 90 · 1997
Public Law 94–467
To amend title 18, United States Code, to implement the “Convention To Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion That Are of International Significance” and the “Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents”, and for other purposes.
Approved October 8, 1976
Statutory text
An Act
To amend title 18, United States Code, to implement the “Convention To Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion That Are of International Significance” and the “Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents”, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be
Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons.
cited as the “Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons”.
Sec. 2.
Section 1116 of title 18, United States Code, is amended to read as follows:
Ҥ 1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons
“(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 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, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years,
“(b) For the purposes of this section:
Definitions.
“(1) ‘Family’ includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage.
“(2) ‘Foreign government’ means the government of a foreign country, irrespective of recognition by the United States.
“(3) ‘Foreign official’means—
“(A) 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
“(B) 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.
“(4) ‘Internationally protected person’ means—
“(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or
“(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.
“(5) ‘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).
“(6) ‘Official guest’ means a citizen or national of a foreign country present m the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.
“(c) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of
sections 5 and 7 of this title and section 101 (31) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)).
“(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate, this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.”.
Sec. 3.
The analysis at the beginning of chapter 51 of title 18, United States Code, relating to section 1116 is amended to read as follows:
Sec. 4.
Section 1201 of title 18, United States Code, is amended as follows:
by deleting subsection (a) (4) and inserting in lieu thereof the following:
“(4) the person is a foreign official, an internationally protected person, or an official guest as those terms are defined in section
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1116 (b) of this title,”; and
by adding at the end thereof new subsections (d), (e), and (f) as follows:
“(d) Whoever attempts to violate-subsection (a)(4) shall be punished by imprisonment for not more than twenty years.
“(e) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions
of sections 5 and 7 of this title and section 101(34) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)).
“(f) In the course of enforcement of subsection (a)(4) and any other sections prohibiting a conspiracy or attempt to violate subsection (a) (4), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.”.
Sec. 5.
Section 112 of title 18, United States Code, is amended to read as follows:
Ҥ 112. Protection of foreign officials, official guests, and internationally protected persons
“(a) Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official, official guest, or internationally protected person or makes any other violent attack upon the person or liberty of such person, or, if likely to endanger his person or liberty, makes a violent attack upon his official premises, private accommodation, or means of transport, or attempts to commit any of the foregoing shall lie 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.
“(b) Whoever willfully—
“(1) intimidates, coerces, threatens, or harasses a foreign official or an official guest or obstructs a foreign official in the performance of his duties;
“(2) attempts to intimidate, coerce, threaten, or harass a foreign official or an official guest or obstruct a foreign official in the performance of his duties; or
“(3) within the United States but outside the District of Columbia and within one hundred feet of any building or premises in whole or in part, owned, used, or occupied for official business or for diplomatic, consular, or residential purposes by—
“(A) a foreign government, including such use as a mission to an international organization;
“(B) an international organization;
“(C) a foreign official; or
“(D) an official guest;
congregates with two or more other persons with intent to violate any other provision of this section;
shall be fined not more than $500 or imprisoned not more than six months, or both.
“(c) For the purpose of this section ‘foreign government’, ‘foreign
Definitions.
official’, ‘internationally protected person’, ‘international organization’, and ‘official guest’ shall have the same meanings as those provided in section 1116 (b) of this title.
“(d) 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.
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“(e) If the victim of an offense under subsection (a) is an internationally
Jurisdiction.
protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sect ions 5 and 7 of this title and section 101(34) of the
Federal Aviation Act of 1958, as amended (49 U.S.C. 1801(34)).
“(f) In the course of enforcement of subsection (a) and any
Assistance for Attorney General.
other sections prohibiting a conspiracy or attempt to violate subsection (a), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary, notwithstanding.”.
Sec. 6.
The analysis at the beginning of chapter 51 of title 18, United States Code, relating to section 112 is amended to read as follows:
Sec. 7.
Section 970 of title 18, United States Code, is amended:
by relettering subsection “(b)” as subsection “(c)” and amending the subsection to read as follows:
“(c) For the purpose of this section ‘foreign government’, ‘foreign official’, ‘international organization’, and ‘official guest’ shall have the
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same meanings as those provided in section 1116(b) of this title.”; and
by inserting a new subsection “(b)” as follows:
“(b) Whoever, willfully with intent to intimidate, coerce, threaten, or harass—
“(1) forcibly thrusts any part of himself or any object within or upon that portion of any building or premises located within the United States, which portion is used or occupied for official business or for diplomatic, consular, or residential purposes by—
“(A) a foreign government, including such use as a mission to an international organization;
“(B) an international organization;
“(C) a foreign official; or
“(D) an official guest; or
“(2) refuses to depart from such portion of such building or Premises after a request—
“(A) by an employee of a foreign government or of an international organization, if such employee is authorized to make such request by the senior official of the unit of such government or organization which occupies such portion of such building or premises;
“(B) by a foreign official or any member of the foreign official’s staff who is authorized by the foreign official to make such request;
“(C) by an official guest or any member of the official guest’s staff who is authorized by the official guest to make such request; or
“(D) by any person present having law enforcement powers;
shall be fined not more than $500 or imprisoned not more than six months, or both.”.
Sec. 8.
Chapter 41 of title 18, United States Code, is amended by adding a new section 878 as follows:
Ҥ 878. Threats and extortion against foreign officials, official guests, or internationally protected persons
“(a) Whoever knowingly and willfully threatens to violate section
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112, 1116, or 1201 by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person shall be fined not more than $5,000 or imprisoned not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years.
“(b) Whoever in connection with any violation of subsection (a) or actual violation of section 112, 1116, or 1201 makes any extortionate demand shall be fined not more than $20,000 or imprisoned not more than twenty years, or both.
“(c) For the purpose of this section ‘foreign official’, ‘internationally
Definitions.
protected person’, and ‘official guest’ shall have the same meanings as those provided in section 1116(a) of this title.
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“(d) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of secions 5 and 7 of this title and section 101 (34) of the Federal Aviation
Act of 1958, as amended (49 U.S.C. 1301(34))”.
Sec. 9.
The analysis of chapter 41 of title 18, United States Code, is amended by inserting at the end thereof the following new item:
Sec. 10.
Nothing contained in this Act shall be construed to indicate
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, possession, or the District of Columbia, on the same subject matter, nor to relieve any person of any obligation imposed by any law of any State, Commonwealth, territory, possession, or the District of Columbia, including the obligation of all persons having official law enforcement powers to take appropriate action, such as effecting arrests, for Federal as well as non-Federal violations.
Sec. 11.
Section 11 of title 18, United States Code, is amended by inserting after the word “title” the words “except in sections 112, 878, 970, 1116, and 1201”.
Approved October 8, 1976.