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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 84 — Presidential and Presidential Staff Assassination, Kidnapping, and Assault

§ 1751. Presidential and Presidential staff assassination, kidnapping, and assault; penalties

Statutory text

(a)

Whoever kills (1) any individual who is the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States, or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President, shall be punished as provided by sections 1111 and 1112 of this title.

(b)

Whoever kidnaps any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual.

(c)

Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life.

(d)

If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual.

(e)

Whoever assaults any person designated in subsection (a)(1) shall be fined under this title, or imprisoned not more than ten years, or both. Whoever assaults any person designated in subsection (a)(2) shall be fined under this title, or imprisoned not more than one year, or both; and if the assault involved the use of a dangerous weapon, or personal injury results, shall be fined under this title, or imprisoned not more than ten years, or both.

(f)

The terms “President-elect” and “Vice-President-elect” as used in this section shall mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with title 3, United States Code, sections 1 and 2.

(g)

The Attorney General of the United States, in his discretion is authorized to pay an amount not to exceed $100,000 for information and services concerning a violation of subsection (a)(1). Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this subsection.

(h)

If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated.

(i)

Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

(j)

In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an official protected by this section.

(k)

There is extraterritorial jurisdiction over the conduct prohibited by this section.

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. Pub. L. 89–141 § 1 · 79 Stat. 580

    Enacted · 18 U.S.C. § 1751

    Added Pub. L. 89–141, § 1, Aug. 28, 1965, 79 Stat. 580

    Source evidence

    Code source credit
    Added Pub. L. 89–141, § 1, Aug. 28, 1965, 79 Stat. 580

  2. Pub. L. 97–285 § 4(a) · 96 Stat. 1219

    Inserted · 18 U.S.C. § 1751

    Pub. L. 97–285, § 4(a), inserted “and Presidential staff” after “Presidential” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 97–285, § 4(a), inserted “and Presidential staff” after “Presidential” in section catchline.

    Enacted provision · exact public law section
    (a) The section heading of section 1751 of title 18 of the United States Code is amended to read as follows: “§ 1751. Presidential and Presidential staff assassination, kidnaping, and assault; penalties”.

  3. Pub. L. 97–285 § 3(a) · 96 Stat. 1219

    Inserted · 18 U.S.C. § 1751(a)

    Pub. L. 97–285, § 3(a), inserted “(1)” after “Whoever kills” and “or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President,” after “laws of the United States”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–285, § 3(a), inserted “(1)” after “Whoever kills” and “or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President,” after “laws of the United States”.

    Enacted provision · exact public law section
    (a) Subsection (a) of section 1751 of title 18 of the United States Code is amended to read as follows: “(a) Whoever kills (1) any individual who is the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States, or (2) any person appointed under section 3 USC 105. 3 USC 106. 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President, shall be punished as provided by 18 USC 1111, 1112. sections 1111 and 1112 of this title.”.

  4. Pub. L. 97–285 § 3(b) · 96 Stat. 1219

    1. Substituted · 18 U.S.C. § 1751(e)

      Pub. L. 97–285, § 3(b), substituted “(a)(1)” for “(a)”

    2. Inserted · 18 U.S.C. § 1751(e)

      Pub. L. 97–285, § 3(b), inserted provision that whoever assaults any person designated in subsec. (a)(2) of this section shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned not more than ten years, or both

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–285, § 3(b), substituted “(a)(1)” for “(a)” and inserted provision that whoever assaults any person designated in subsec. (a)(2) of this section shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

    Enacted provision · exact public law section
    (b) Subsection (e) of section 1751 of title 18 of the United States Code is amended to read as follows: “(e) Whoever assaults any person designated in subsection (a)(1) Fines or imprisonment. shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Whoever assaults any person designated in subsection (a)(2) shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned not more than ten years, or both.”.

  5. Pub. L. 97–285 § 3(c) · 96 Stat. 1219

    Substituted · 18 U.S.C. § 1751(g)

    Pub. L. 97–285, § 3(c), substituted “subsection (a)(1)” for “this section” after “a violation of”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 97–285, § 3(c), substituted “subsection (a)(1)” for “this section” after “a violation of”.

    Enacted provision · exact public law section
    (c) Subsection (g) of section 1751 of title 18 of the United States Code is amended by striking out “this section” and inserting in lieu thereof “subsection (a)(1)”.

  6. Pub. L. 97–285 § 3(d) · 96 Stat. 1219

    Added · 18 U.S.C. § 1751(j); 18 U.S.C. § 1751(k)

    Pub. L. 97–285, § 3(d), added subsecs. (j) and (k)

    Source evidence

    Code amendment note
    Subsecs. (j), (k). Pub. L. 97–285, § 3(d), added subsecs. (j) and (k).

    Enacted provision · exact public law section
    (d) Section 1751 of title 18 of the United States Code is amended by adding at the end the following: “(j) In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an official protected by this section. “(k) There is extraterritorial jurisdiction over the conduct prohibited by this section.”.

  7. Violent Crime Control and Law Enforcement Act of 1994

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

    Substituted · 18 U.S.C. § 1751

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

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping” in section catchline.

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

  8. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(K) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1751(e)

    Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” after “subsection (a)(2) shall be”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” after “subsection (a)(2) shall be”.

    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”;

  9. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(L) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1751(e)

    Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” after “subsection (a)(1) shall be” and after “results, shall be”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” after “subsection (a)(1) shall be” and after “results, shall be”.

    Enacted provision · exact public law section
    (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;

  10. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320101(e)(3) · 108 Stat. 1796

    Inserted · 18 U.S.C. § 1751(e)

    Pub. L. 103–322, § 320101(e)(3), inserted “the assault involved the use of a dangerous weapon, or” before “personal injury results”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 320101(e)(3), inserted “the assault involved the use of a dangerous weapon, or” before “personal injury results”.

    Enacted provision · exact public law section
    (3) by inserting “the assault involved the use of a dangerous weapon, or” after “if”.

  11. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320101(e)(2) · 108 Stat. 1796

    Repealed · 18 U.S.C. § 1751(e)

    Pub. L. 103–322, § 320101(e)(2), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(K), above, was repealed by Pub. L. 104–294, § 604(b)(12)(D)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 320101(e)(2), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(K), above, was repealed by Pub. L. 104–294, § 604(b)(12)(D).

    Enacted provision · exact public law section
    (2) by striking “not more than $5,000,” and inserting “under this title,”; and

  12. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320101(e)(1) · 108 Stat. 1796

    Repealed · 18 U.S.C. § 1751(e)

    Pub. L. 103–322, § 320101(e)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(12)(D)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 320101(e)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(12)(D).

    Enacted provision · exact public law section
    (1) by striking “not more than $10,000,” both places it appears and inserting “under this title,”;

  13. Economic Espionage Act of 1996

    Pub. L. 104–294 § 604(b)(12)(D) · 110 Stat. 3488

    Repealed · 18 U.S.C. § 1751(e)

    Pub. L. 104–294, § 604(b)(12)(D), repealed Pub. L. 103–322, § 320101(e)(1), (2). See 1994 Amendment notes below

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–294, § 604(b)(12)(D), repealed Pub. L. 103–322, § 320101(e)(1), (2). See 1994 Amendment notes below.

    Enacted provision · exact public law section
    (D) in subsection (e), by striking paragraphs (1) and (2).

    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.

13 of 14 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1982–1996 · 3 rounds

1996

Subsec. (e). Pub. L. 104–294, § 604(b)(12)(D), repealed Pub. L. 103–322, § 320101(e)(1), (2). See 1994 Amendment notes below.

1994

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

Subsec. (e). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” after “subsection (a)(2) shall be”.

Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” after “subsection (a)(1) shall be” and after “results, shall be”.

Pub. L. 103–322, § 320101(e)(3), inserted “the assault involved the use of a dangerous weapon, or” before “personal injury results”.

Pub. L. 103–322, § 320101(e)(2), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(K), above, was repealed by Pub. L. 104–294, § 604(b)(12)(D).

Pub. L. 103–322, § 320101(e)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(12)(D).

1982

Pub. L. 97–285, § 4(a), inserted “and Presidential staff” after “Presidential” in section catchline.

Subsec. (a). Pub. L. 97–285, § 3(a), inserted “(1)” after “Whoever kills” and “or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President,” after “laws of the United States”.

Subsec. (e). Pub. L. 97–285, § 3(b), substituted “(a)(1)” for “(a)” and inserted provision that whoever assaults any person designated in subsec. (a)(2) of this section shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

Subsec. (g). Pub. L. 97–285, § 3(c), substituted “subsection (a)(1)” for “this section” after “a violation of”.

Subsecs. (j), (k). Pub. L. 97–285, § 3(d), added subsecs. (j) and (k).

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.

Credits

1965–1996 · 4 acts
  1. 1965Added Pub. L. 89–141, § 1, , 79 Stat. 580
  2. 1982amended Pub. L. 97–285, §§ 3, 4(a), , 96 Stat. 1220
  3. 1994Pub. L. 103–322, title XXXII, § 320101(e), title XXXIII, §§ 330016(1)(K), (L), 330021(1), , 108 Stat. 2108, 2147, 2150
  4. 1996Pub. L. 104–294, title VI, § 604(b)(12)(D), , 110 Stat. 3507.
Show as published

(Added Pub. L. 89–141, § 1, , 79 Stat. 580; amended Pub. L. 97–285, §§ 3, 4(a), , 96 Stat. 1220; Pub. L. 103–322, title XXXII, § 320101(e), title XXXIII, §§ 330016(1)(K), (L), 330021(1), , 108 Stat. 2108, 2147, 2150; Pub. L. 104–294, title VI, § 604(b)(12)(D), , 110 Stat. 3507.)

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