Title 18 — Crimes and Criminal Procedure
Part I · Chapter 7 — Assault
§ 112. Protection of foreign officials, official guests, and internationally protected persons
Statutory text
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 be fined under this title or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon, or inflicts bodily injury, shall be fined under this title or imprisoned not more than ten years, or both.
Whoever willfully—
intimidates, coerces, threatens, or harasses a foreign official or an official guest or obstructs a foreign official in the performance of his duties;
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
within the United States 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 foreign government, including such use as a mission to an international organization;
an international organization;
a foreign official; or
an official guest;
congregates with two or more other persons with intent to violate any other provision of this section;
shall be fined under this title or imprisoned not more than six months, or both.
For the purpose of this section “foreign government”, “foreign official”, “internationally protected person”, “international organization”, “national of the United States”, and “official guest” shall have the same meanings as those provided in section 1116(b) of this title.
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.
If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. 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 46501(2) of title 49.
In the course of enforcement of subsection (a) and any 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 112
June 25, 1948, ch. 645, 62 Stat. 688
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 688Pub. L. 88–493 § 1 · 78 Stat. 610
Changed · 18 U.S.C. § 112
Pub. L. 88–493 included heads of foreign states or governments and foreign ministers
Source evidence
Code amendment note
Pub. L. 88–493 included heads of foreign states or governments and foreign ministers.Act for the Protection of Foreign Officials and Official Guests of the United States
Pub. L. 92–539 title III § 301 · 86 Stat. 1070
Substituted · 18 U.S.C. § 112(a)
Pub. L. 92–539 substituted “Protection of foreign officials and official guests” for “Assaulting certain foreign diplomatic and other official personnel” in section catchline
Amended · 18 U.S.C. § 112(a)
Pub. L. 92–539 designated existing provisions as subsec. (a)
Substituted · 18 U.S.C. § 112(a)
Pub. L. 92–539 substituted “a foreign official or official guest” for “the person of a head of foreign state or foreign government, foreign minister, ambassador or other public minister”
Substituted · 18 U.S.C. § 112(a)
Pub. L. 92–539 substituted “act” for “acts”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 92–539 substituted “Protection of foreign officials and official guests” for “Assaulting certain foreign diplomatic and other official personnel” in section catchline, designated existing provisions as subsec. (a), and substituted “a foreign official or official guest” for “the person of a head of foreign state or foreign government, foreign minister, ambassador or other public minister” and “act” for “acts”.Enacted provision · exact public law section
Sec. 301. Section 112 of title 18, United States Code, is amended to read as follows: “§ 112. Protection of foreign officials and official guests “(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. “(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. “(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) 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 “(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, shall be fined not more than $500, or imprisoned not more than six months, or both. “(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. “(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.Act for the Protection of Foreign Officials and Official Guests of the United States
Pub. L. 92–539 title III § 301 · 86 Stat. 1070
Added · 18 U.S.C. § 112(b)(e)
Pub. L. 92–539 added subsecs. (b) to (e)
Source evidence
Code amendment note
Subsecs. (b) to (e). Pub. L. 92–539 added subsecs. (b) to (e).Enacted provision · exact public law section
Sec. 301. Section 112 of title 18, United States Code, is amended to read as follows: “§ 112. Protection of foreign officials and official guests “(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. “(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. “(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) 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 “(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, shall be fined not more than $500, or imprisoned not more than six months, or both. “(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. “(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.Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons
Pub. L. 94–467 § 5 · 90 Stat. 1997
Substituted · 18 U.S.C. § 112
Pub. L. 94–467 substituted “official guests, and internationally protected persons” for “and official guests” in section catchline
Source evidence
Code amendment note
Pub. L. 94–467 substituted “official guests, and internationally protected persons” for “and official guests” in section catchline.Enacted provision · exact public law section
Sec. 5. Section 112 of title 18, United States Code, is amended to read as follows: “§ 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. Ante, p. 1997. “(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 18 USC 5, 7. 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.”.Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons
Pub. L. 94–467 § 5 · 90 Stat. 1997
Substituted · 18 U.S.C. § 112(a)
Pub. L. 94–467 substituted “official guest, or internationally protected person” for “or official guest”
Inserted · 18 U.S.C. § 112(a)
Pub. L. 94–467 inserted provision including any other violent attack on the person or the liberty of such official, guest, or protected person, his official premises, private accommodation, or means of transport, or any attempt thereof, as acts subject to fine or imprisonment
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–467 substituted “official guest, or internationally protected person” for “or official guest” and inserted provision including any other violent attack on the person or the liberty of such official, guest, or protected person, his official premises, private accommodation, or means of transport, or any attempt thereof, as acts subject to fine or imprisonment.Enacted provision · exact public law section
Sec. 5. Section 112 of title 18, United States Code, is amended to read as follows: “§ 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. Ante, p. 1997. “(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 18 USC 5, 7. 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.”.Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons
Pub. L. 94–467 § 5 · 90 Stat. 1997
Added · 18 U.S.C. § 112(b)
Pub. L. 94–467 restructured subsec. (b) and added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–467 restructured subsec. (b) and added pars. (2) and (3).Enacted provision · exact public law section
Sec. 5. Section 112 of title 18, United States Code, is amended to read as follows: “§ 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. Ante, p. 1997. “(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 18 USC 5, 7. 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.”.Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons
Pub. L. 94–467 § 5 · 90 Stat. 1997
Redesignated · 18 U.S.C. § 112(c)
Pub. L. 94–467 redesignated subsec. (d) as (c)
Inserted · 18 U.S.C. § 112(c)
Pub. L. 94–467 inserted “internationally protected persons”
Struck · 18 U.S.C. § 112(c)
Pub. L. 94–467 struck out reference to section 1116(c) of this title. Former subsec. (c), which related to punishment for intimidating or harassing demonstrations against foreign officials or any combination of two or more persons for such purposes, within one hundred feet of any buildings or premises owned by a foreign government located within the United States but outside the District of Columbia, was struck out
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–467 redesignated subsec. (d) as (c), inserted “internationally protected persons”, and struck out reference to section 1116(c) of this title. Former subsec. (c), which related to punishment for intimidating or harassing demonstrations against foreign officials or any combination of two or more persons for such purposes, within one hundred feet of any buildings or premises owned by a foreign government located within the United States but outside the District of Columbia, was struck out.Enacted provision · exact public law section
Sec. 5. Section 112 of title 18, United States Code, is amended to read as follows: “§ 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. Ante, p. 1997. “(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 18 USC 5, 7. 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.”.Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons
Pub. L. 94–467 § 5 · 90 Stat. 1997
Added · 18 U.S.C. § 112(d)(f)
Pub. L. 94–467 added subsecs. (e) and (f)
Redesignated · 18 U.S.C. § 112(d)(f)
Pub. L. 94–467 redesignated former subsecs. (d) and (e) as (c) and (d), respectively
Source evidence
Code amendment note
Subsecs. (d) to (f). Pub. L. 94–467 added subsecs. (e) and (f) and redesignated former subsecs. (d) and (e) as (c) and (d), respectively.Enacted provision · exact public law section
Sec. 5. Section 112 of title 18, United States Code, is amended to read as follows: “§ 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. Ante, p. 1997. “(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 18 USC 5, 7. 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.”.Pub. L. 95–163 § 17(b)(1) · 91 Stat. 1278
Substituted · 18 U.S.C. § 112(e)
Pub. L. 95–163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act.Enacted provision · exact public law section
(1) renumbering paragraphs (11) through (38), and any references thereto, as paragraphs (12) through (39), respectively; andAn Act to provide for Government guarantee of private loans of certain air carriers for purchase of modern aircraft and equipment, to foster the development and use of modern transport aircraft by such carriers, and for other purposes
Pub. L. 95–504 § 2(b) · 92 Stat. 1705
Substituted · 18 U.S.C. § 112(e)
Pub. L. 95–504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act.Enacted provision · exact public law section
(b) Section 101 of such Act is amended by renumbering the paragraphs of such section, including all references thereto, as paragraphs (1) through (41), respectively.Anti-Drug Abuse Amendments Act of 1988
Pub. L. 100–690 title VI § 6478 · 102 Stat. 4181
Struck · 18 U.S.C. § 112(b)(3)
Pub. L. 100–690 struck out “but outside the District of Columbia” after “United States”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 100–690 struck out “but outside the District of Columbia” after “United States”.Enacted provision · exact public law section
SEC. 6478. PROTECTION OF FOREIGN OFFICIALS. Section 112(b)(3) of title 18, United States Code, is amended by striking “but outside the District of Columbia”.Pub. L. 103–272 § 5(e)(2) · 108 Stat. 745
Substituted · 18 U.S.C. § 112(e)
Pub. L. 103–272 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–272 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))”.Enacted provision · exact public law section
(2) In the last sentence of sections 112(e), 878(d), 1116(c), and 1201(e), strike “section” and all that follows and substitute “section 46501(2) of title 49.”Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(1)(K) · 108 Stat. 1796
Substituted · 18 U.S.C. § 112(a)
Pub. L. 103–322, § 330016(1)(K), substituted “under this title” for “not more than $5,000” before “or imprisoned not more than three years”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–322, § 330016(1)(K), substituted “under this title” for “not more than $5,000” before “or imprisoned not more than three years”.Enacted provision · exact public law section
(K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320101(b)(2) · 108 Stat. 1796
Inserted · 18 U.S.C. § 112(a)
Pub. L. 103–322, § 320101(b)(2), (3), inserted “, or inflicts bodily injury,” after “weapon”
Substituted · 18 U.S.C. § 112(a)
Pub. L. 103–322, § 320101(b)(2), (3), substituted “under this title” for “not more than $10,000” before “or imprisoned not more than ten years”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 320101(b)(2), (3), inserted “, or inflicts bodily injury,” after “weapon” and substituted “under this title” for “not more than $10,000” before “or imprisoned not more than ten years”.Enacted provision · exact public law section
(2) by inserting “, or inflicts bodily injury,” after “weapon”; andViolent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320101(b)(1) · 108 Stat. 1796
Repealed · 18 U.S.C. § 112(a)
Pub. L. 103–322, § 320101(b)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(K), above, was repealed by Pub. L. 104–294, § 604(b)(12)(A)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 320101(b)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(K), above, was repealed by Pub. L. 104–294, § 604(b)(12)(A).Enacted provision · exact public law section
(1) by striking “not more than $5,000” and inserting “under this title”;Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(1)(G) · 108 Stat. 1796
Substituted · 18 U.S.C. § 112(b)
Pub. L. 103–322, § 330016(1)(G), in concluding provisions, substituted “under this title” for “not more than $500”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–322, § 330016(1)(G), in concluding provisions, substituted “under this title” for “not more than $500”.Enacted provision · exact public law section
(G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by striking “not more than $500” each place it appears and inserting “under this title”;Pub. L. 104–132 § 721(d)(1) · 110 Stat. 1214
Inserted · 18 U.S.C. § 112(c)
Pub. L. 104–132, § 721(d)(1), inserted “ ‘national of the United States’,” before “and ‘official guest’ ”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–132, § 721(d)(1), inserted “ ‘national of the United States’,” before “and ‘official guest’ ”.Enacted provision · exact public law section
(1) in subsection (c), by inserting “‘national of the United States’,” before “and”; andPub. L. 104–132 § 721(d)(2) · 110 Stat. 1214
Inserted · 18 U.S.C. § 112(e)
Pub. L. 104–132, § 721(d)(2), inserted first sentence
Struck · 18 U.S.C. § 112(e)
Pub. L. 104–132, § 721(d)(2), struck out former first sentence which read as follows: “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.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–132, § 721(d)(2), inserted first sentence and struck out former first sentence which read as follows: “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.”Enacted provision · exact public law section
(2) in subsection (e), by striking the first sentence and inserting the following: “If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.”.Economic Espionage Act of 1996
Pub. L. 104–294 title VI § 604(b)(12)(A) · 110 Stat. 3488
Repealed · 18 U.S.C. § 112(a)
Pub. L. 104–294 repealed Pub. L. 103–322, § 320101(b)(1). See 1994 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–294 repealed Pub. L. 103–322, § 320101(b)(1). See 1994 Amendment note below.Enacted provision · exact public law section
(A) in subsection (b), by striking paragraph (1); 18 USC 112. 18 USC 113.Effective date note
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.
27 of 29 references resolved to an enrolled provision · 2 partial
Notes
Historical and Revision Notes
Based on section 255 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (R.S. § 4062).
Punishment provision was rewritten to make it more definite by substituting a maximum of $5,000 in lieu of the words “fined at the discretion of the court.” As thus revised this provision conforms with the first punishment provision of section 111 of this title. So, also, the greater punishment provided by the second paragraph of section 111 was added to this section for offenses involving the use of dangerous weapons.
Editorial Notes
Amendments1964–1996 · 8 rounds
1996
Subsec. (a). Pub. L. 104–294 repealed Pub. L. 103–322, § 320101(b)(1). See 1994 Amendment note below.
Subsec. (c). Pub. L. 104–132, § 721(d)(1), inserted “ ‘national of the United States’,” before “and ‘official guest’ ”.
Subsec. (e). Pub. L. 104–132, § 721(d)(2), inserted first sentence and struck out former first sentence which read as follows: “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.”
1994
Subsec. (a). Pub. L. 103–322, § 330016(1)(K), substituted “under this title” for “not more than $5,000” before “or imprisoned not more than three years”.
Pub. L. 103–322, § 320101(b)(2), (3), inserted “, or inflicts bodily injury,” after “weapon” and substituted “under this title” for “not more than $10,000” before “or imprisoned not more than ten years”.
Pub. L. 103–322, § 320101(b)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(K), above, was repealed by Pub. L. 104–294, § 604(b)(12)(A).
Subsec. (b). Pub. L. 103–322, § 330016(1)(G), in concluding provisions, substituted “under this title” for “not more than $500”.
Subsec. (e). Pub. L. 103–272 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))”.
1988
Subsec. (b)(3). Pub. L. 100–690 struck out “but outside the District of Columbia” after “United States”.
1978
Subsec. (e). Pub. L. 95–504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act.
1977
Subsec. (e). Pub. L. 95–163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act.
1976
Pub. L. 94–467 substituted “official guests, and internationally protected persons” for “and official guests” in section catchline.
Subsec. (a). Pub. L. 94–467 substituted “official guest, or internationally protected person” for “or official guest” and inserted provision including any other violent attack on the person or the liberty of such official, guest, or protected person, his official premises, private accommodation, or means of transport, or any attempt thereof, as acts subject to fine or imprisonment.
Subsec. (b). Pub. L. 94–467 restructured subsec. (b) and added pars. (2) and (3).
Subsec. (c). Pub. L. 94–467 redesignated subsec. (d) as (c), inserted “internationally protected persons”, and struck out reference to section 1116(c) of this title. Former subsec. (c), which related to punishment for intimidating or harassing demonstrations against foreign officials or any combination of two or more persons for such purposes, within one hundred feet of any buildings or premises owned by a foreign government located within the United States but outside the District of Columbia, was struck out.
Subsecs. (d) to (f). Pub. L. 94–467 added subsecs. (e) and (f) and redesignated former subsecs. (d) and (e) as (c) and (d), respectively.
1972
Subsec. (a). Pub. L. 92–539 substituted “Protection of foreign officials and official guests” for “Assaulting certain foreign diplomatic and other official personnel” in section catchline, designated existing provisions as subsec. (a), and substituted “a foreign official or official guest” for “the person of a head of foreign state or foreign government, foreign minister, ambassador or other public minister” and “act” for “acts”.
Subsecs. (b) to (e). Pub. L. 92–539 added subsecs. (b) to (e).
1964
Pub. L. 88–493 included heads of foreign states or governments and foreign ministers.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–294 effective , see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.
Short Title of 1976 Amendment
Pub. L. 94–467, § 1, , 90 Stat. 1997, provided: “That this Act [enacting section 878 of this title, amending this section and sections 11, 970, 1116, and 1201 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons’.”
Short Title of 1972 Amendment
Pub. L. 92–539, § 1, , 86 Stat. 1070, provided: “That this Act [enacting sections 970, 1116, and 1117 of this title, amending this section and section 1201 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Act for the Protection of Foreign Officials and Official Guests of the United States’.”
State and Local Laws Not Superseded
Pub. L. 94–467, § 10, , 90 Stat. 2001, provided that: “Nothing contained in this Act [see Short Title of 1976 Amendment note above] 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.”
Congressional Findings and Declaration of Policy
Pub. L. 92–539, § 2, , 86 Stat. 1070, provided that:
“The Congress recognizes that from the beginning of our history as a nation, the police power to investigate, prosecute, and punish common crimes such as murder, kidnaping, and assault has resided in the several States, and that such power should remain with the States.
“The Congress finds, however, that harassment, intimidation, obstruction, coercion, and acts of violence committed against foreign officials or their family members in the United States or against official guests of the United States adversely affect the foreign relations of the United States.
“Accordingly, this legislation is intended to afford the United States jurisdiction concurrent with that of the several States to proceed against those who by such acts interfere with its conduct of foreign affairs.”
Federal Preemption
Pub. L. 92–539, § 3, , 86 Stat. 1073, provided that: “Nothing contained in this Act [see Short Title of 1972 Amendment note above] 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.”
Immunity From Criminal Prosecution
Pub. L. 88–493, § 5, , 78 Stat. 610, provided that: “Nothing contained in this Act [amending this section and section 1114 of this title, and enacting section 170e–1 of former Title 5, Executive Departments and Government Officers and Employees] shall create immunity from criminal prosecution under any laws in any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia.”
Credits
1948–1996 · 11 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 688
- 1964Pub. L. 88–493, § 1, , 78 Stat. 610
- 1972Pub. L. 92–539, title III, § 301, , 86 Stat. 1072
- 1976Pub. L. 94–467, § 5, , 90 Stat. 1999
- 1977Pub. L. 95–163, § 17(b)(1), , 91 Stat. 1286
- 1978Pub. L. 95–504, § 2(b), , 92 Stat. 1705
- 1988Pub. L. 100–690, title VI, § 6478, , 102 Stat. 4381
- 1994Pub. L. 103–272, § 5(e)(2), , 108 Stat. 1373
- 1994Pub. L. 103–322, title XXXII, § 320101(b), title XXXIII, § 330016(1)(G), (K), , 108 Stat. 2108, 2147
- 1996Pub. L. 104–132, title VII, § 721(d), , 110 Stat. 1298
- 1996Pub. L. 104–294, title VI, § 604(b)(12)(A), , 110 Stat. 3507.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 88–493, § 1, , 78 Stat. 610; Pub. L. 92–539, title III, § 301, , 86 Stat. 1072; Pub. L. 94–467, § 5, , 90 Stat. 1999; Pub. L. 95–163, § 17(b)(1), , 91 Stat. 1286; Pub. L. 95–504, § 2(b), , 92 Stat. 1705; Pub. L. 100–690, title VI, § 6478, , 102 Stat. 4381; Pub. L. 103–272, § 5(e)(2), , 108 Stat. 1373; Pub. L. 103–322, title XXXII, § 320101(b), title XXXIII, § 330016(1)(G), (K), , 108 Stat. 2108, 2147; Pub. L. 104–132, title VII, § 721(d), , 110 Stat. 1298; Pub. L. 104–294, title VI, § 604(b)(12)(A), , 110 Stat. 3507.)