§ 115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member

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.

1. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 title II § 1008(a) · 98 Stat. 1837

   Enacted · 18 U.S.C. § 115

   Added Pub. L. 98–473, title II, § 1008(a), Oct. 12, 1984, 98 Stat. 2140

   Source evidence

   Code source credit
   Added Pub. L. 98–473, title II, § 1008(a), Oct. 12, 1984, 98 Stat. 2140

   Enacted provision · exact public law section
   (a) Chapter 7 of title 18 of the United States Code is amended by adding a new section at the end thereof to read as follows: “§ 115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member “(a) Whoever assaults, kidnaps, or murders, or attempts 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 Post, pp. 2142, 2868. would be a crime under 18 U.S.C. 1114, as amended, with intent to impede, intimidate, interfere with, or retaliate against such official, judge or law enforcement officer while he is engaged in or on account of the performance of his official duties, shall be punished as provided in subsection (b). “(b) (1) An assault in violation of this section shall be punished as 18 USC 111. provided in section 111 of this title. “(2) A kidnaping or attempted kidnaping in violation of this Ante, p. 2139. section shall be punished as provided in section 1201 of this title. “(3) A murder or attempted murder in violation of this section Ante, p. 2138; 18 USC 1113. shall be punished as provided in sections 1111 and 1113 of this title. “(4) A threat made in violation of this section shall be punished by a fine of not more than $5,000 or imprisonment for a term of not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years. “(c) As used in this section, the term— “(1) ‘Federal law enforcement officer1 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; 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.”. “(b) The analysis of chapter 7 of title 18, United States Code, is amended by adding at the end thereof the following new item: “115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.”.

2. 1986

   Criminal Law and Procedure Technical Amendments Act of 1986

   Pub. L. 99–646 § 60 · 100 Stat. 3592

   1. Substituted · 18 U.S.C. § 115(a)

      Pub. L. 99–646, § 60, substituted “section 1114 of this title, or 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” for “18 U.S.C. 1114, as amended,”

   2. Substituted · 18 U.S.C. § 115(a)

      Pub. L. 99–646, § 60, substituted “while engaged” for “while he is engaged”

   3. Substituted · 18 U.S.C. § 115(a)

      Pub. L. 99–646, § 60, substituted “official duties” for “his official duties”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–646, § 60, substituted “section 1114 of this title, or 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” for “18 U.S.C. 1114, as amended,”, “while engaged” for “while he is engaged”, and “official duties” for “his official duties”.

   Enacted provision · exact public law section
   SEC. 60. EXTENSION OF CERTAIN PROTECTIONS FOR FAMILY MEMBERS OF CERTAIN OFFICIALS TO THOSE OFFICIALS. Section 115(a) of title 18, United States Code, is amended— (1) by striking out “18 U.S.C. 1114, as amended,” and inserting “section 1114 of this title, or threatens to assault, kidnap, or murder, a United States official, a United States judge, a Fed-eral law enforcement officer, or an official whose killing would be a crime under such section” in lieu thereof; (2) by striking out “he is”; and (3) by striking out “his”.

3. 1986

   Criminal Law and Procedure Technical Amendments Act of 1986

   Pub. L. 99–646 § 37(a) · 100 Stat. 3592

   Inserted · 18 U.S.C. § 115(b)(2)

   Pub. L. 99–646, § 37(a), inserted “for the kidnapping or attempted kidnapping of a person described in section 1201(a)(5) of this title”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 99–646, § 37(a), inserted “for the kidnapping or attempted kidnapping of a person described in section 1201(a)(5) of this title”.

   Enacted provision · exact public law section
   (a) Penalty Cross Reference.— Paragraph (2) of section 115(b) of Kidnapping. title 18, United States Code, is amended by inserting “for the kidnapping or attempted kidnapping of a person described in section 1201(a)(5) of this title” after “section 1201 of this title”.

4. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 title VI § 6487(f) · 102 Stat. 4181

   Amended · 18 U.S.C. § 115(a)

   Pub. L. 100–690 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Whoever assaults, kidnaps, or murders, or attempts 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 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, interfere with, or retaliate against such official, judge or law enforcement officer while engaged in or on account of the performance of official duties, shall be punished as provided in subsection (b).”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–690 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Whoever assaults, kidnaps, or murders, or attempts 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 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, interfere with, or retaliate against such official, judge or law enforcement officer while engaged in or on account of the performance of official duties, shall be punished as provided in subsection (b).”

   Enacted provision · exact public law section
   (f) Family Members of Former Federal Officials.— Section 115(a) of title 18, United States Code, is amended to read as follows: “(a) (1) Whoever— “(A) assaults, kidnaps, or murders, or attempts 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 to kidnap or murder 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).

5. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 title XXXV § 3508 · 104 Stat. 4789

   Substituted · 18 U.S.C. § 115(c)(4)

   Pub. L. 101–647 substituted “the Central” for “The Central”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 101–647 substituted “the Central” for “The Central”.

   Enacted provision · exact public law section
   SEC. 3508. CORRECTION TO SECTION 115. Section 115 of title 18, United States Code, is amended by striking “The Central” and inserting “the Central”.

6. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330021(1) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 115(b)(2)

   Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping” in two places

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping” in two places.

   Enacted provision · exact public law section
   (1) by striking “kidnaping” each place it appears and inserting “kidnapping”; and

7. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330016(2)(C) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 115(b)(4)

   Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $5,000”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $5,000”.

   Enacted provision · exact public law section
   (C) in sections 115, 513, 709, 831, 1366, 1511 and 1959 by striking “of not more than” through the immediately following dollar amount each place it appears and inserting “under this title”;

8. 1996

   Pub. L. 104–132 § 723(a)(1) · 110 Stat. 1214

   Inserted · 18 U.S.C. § 115(a)(1)(A)

   Pub. L. 104–132, § 723(a)(1), inserted “or conspires” after “attempts”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 104–132, § 723(a)(1), inserted “or conspires” after “attempts”.

   Enacted provision · exact public law section
   (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 18, United States Code, are each amended by inserting “or conspires” after “attempts”.

9. 1996

   Pub. L. 104–132 § 727(b)(1) · 110 Stat. 1214

   Substituted · 18 U.S.C. § 115(a)(2)

   Pub. L. 104–132, § 727(b)(1), which directed insertion of “, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or” after “assaults, kidnaps, or murders, or attempts to kidnap or murder”, was executed by making the substitution after “assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder” to reflect the probable intent of Congress and the amendment by Pub. L. 104–132, § 723(a)(1). See below

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–132, § 727(b)(1), which directed insertion of “, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or” after “assaults, kidnaps, or murders, or attempts to kidnap or murder”, was executed by making the substitution after “assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder” to reflect the probable intent of Congress and the amendment by Pub. L. 104–132, § 723(a)(1). See below.

   Enacted provision · exact public law section
   (1) In General.— Section 115(a)(2) of title 18, United States Code, is amended by inserting “, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or” after “assaults, kidnaps, or murders, or attempts to kidnap or murder”.

10. 1996

    Pub. L. 104–132 § 723(a)(1) · 110 Stat. 1214

    Inserted · 18 U.S.C. § 115(a)(2)

    Pub. L. 104–132, § 723(a)(1), inserted “or conspires” after “attempts”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–132, § 723(a)(1), inserted “or conspires” after “attempts”.

    Enacted provision · exact public law section
    (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 18, United States Code, are each amended by inserting “or conspires” after “attempts”.

11. 1996

    Pub. L. 104–132 § 723(a)(2) · 110 Stat. 1214

    Substituted · 18 U.S.C. § 115(b)(2)

    Pub. L. 104–132, § 723(a)(2), substituted “, attempted kidnapping, or conspiracy to kidnap” for “or attempted kidnapping” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 104–132, § 723(a)(2), substituted “, attempted kidnapping, or conspiracy to kidnap” for “or attempted kidnapping” in two places.

    Enacted provision · exact public law section
    (2) Section 115(b)(2) of title 18, United States Code, is amended by striking “or attempted kidnapping” both places it appears and inserting “, attempted kidnapping, or conspiracy to kidnap”.

12. 1996

    Pub. L. 104–132 § 723(a)(3) · 110 Stat. 1214

    Substituted · 18 U.S.C. § 115(b)(3)

    Pub. L. 104–132, § 723(a)(3), substituted “, attempted murder, or conspiracy to murder” and “, 1113, and 1117” for “or attempted murder” and “and 1113”, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 104–132, § 723(a)(3), substituted “, attempted murder, or conspiracy to murder” and “, 1113, and 1117” for “or attempted murder” and “and 1113”, respectively.

    Enacted provision · exact public law section
    (3) (A) Section 115(b)(3) of title 18, United States Code, is amended by striking “or attempted murder” and inserting “, attempted murder, or conspiracy to murder”. (B) Section 115(b)(3) of title 18, United States Code, is amended by striking “and 1113” and inserting “, 1113, and 1117”.

13. 1996

    Pub. L. 104–132 § 727(b)(2) · 110 Stat. 1214

    Added · 18 U.S.C. § 115(d)

    Pub. L. 104–132, § 727(b)(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–132, § 727(b)(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) Limitation.— Section 115 of title 18, United States Code, is amended by adding at the end the following: “(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.”.

14. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(b)(9) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 115(b)(2)

    Pub. L. 107–273, § 4002(b)(9), substituted “or attempted kidnapping of, or a conspiracy to kidnap, a person” for “, attempted kidnapping, or conspiracy to kidnap of a person”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 107–273, § 4002(b)(9), substituted “or attempted kidnapping of, or a conspiracy to kidnap, a person” for “, attempted kidnapping, or conspiracy to kidnap of a person”.

    Enacted provision · exact public law section
    (9) Syntax correction.— Section 115(b)(2) of title 18, United States Code, is amended by striking “, attempted kidnapping, or conspiracy to kidnap of a person” and inserting “or attempted kidnapping of, or a conspiracy to kidnap, a person”.

15. 2002

    Federal Judiciary Protection Act of 2002

    Pub. L. 107–273 § 11008(c) · 116 Stat. 1758

    1. Substituted · 18 U.S.C. § 115(b)(4)

       Pub. L. 107–273, § 11008(c), substituted “10” for “five”

    2. Substituted · 18 U.S.C. § 115(b)(4)

       Pub. L. 107–273, § 11008(c), substituted “6” for “three”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 107–273, § 11008(c), substituted “10” for “five” and “6” for “three”.

    Enacted provision · exact public law section
    (c) Influencing, Impeding, or Retaliating Against a Federal Official by Threatening or Injuring a Family Member.— Section 115(b)(4) of title 18, United States Code, is amended— (1) by striking “five” and inserting “10”; and (2) by striking “three” and inserting “6”.

16. 2008

    Court Security Improvement Act of 2007

    Pub. L. 110–177 title II § 208(a) · 121 Stat. 2534

    1. Added · 18 U.S.C. § 115(b)(1)

       Pub. L. 110–177 added par. (1)

    2. Struck · 18 U.S.C. § 115(b)(1)

       Pub. L. 110–177 struck out former par. (1) which read as follows: “An assault in violation of this section shall be punished as provided in section 111 of this title.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–177 added par. (1) and struck out former par. (1) which read as follows: “An assault in violation of this section shall be punished as provided in section 111 of this title.”

    Enacted provision · exact public law section
    (a) In General.— Section 115(b) of title 18, United States Code, is amended by striking “(1)” and all that follows through the end of paragraph (1) and inserting the following: “(1) The punishment for an assault in violation of this section is— “(A) a fine under this title; and “(B) (i) if the assault consists of a simple assault, a term of imprisonment for not more than 1 year; “(ii) if the assault involved physical contact with the victim of that assault or the intent to commit another felony, a term of imprisonment for not more than 10 years; “(iii) if the assault resulted in bodily injury, a term of imprisonment for not more than 20 years; or “(iv) if the assault resulted in serious bodily injury (as that term is defined in section 1365 of this title, and including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) or a dangerous weapon was used during and in relation to the offense, a term of imprisonment for not more than 30 years.” .

17. 2021

    Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act

    Pub. L. 117–59 § 3(2) · 135 Stat. 1468

    Added · 18 U.S.C. § 115(e)

    Pub. L. 117–59 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–59 added subsec. (e).

    Enacted provision · exact public law section
    (2) in section 115, by adding at the end the following: “(e) There is extraterritorial jurisdiction over the conduct prohibited by this section.” ; and

21 of 21 references resolved to an enrolled provision