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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 95 — Racketeering

§ 1959. Violent crimes in aid of racketeering activity

Statutory text

(a)

Whoever, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity, murders, kidnaps, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, or threatens to commit a crime of violence against any individual in violation of the laws of any State or the United States, or attempts or conspires so to do, shall be punished—

(1)

for murder, by death or life imprisonment, or a fine under this title, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine under this title, or both;

(2)

for maiming, by imprisonment for not more than thirty years or a fine under this title, or both;

(3)

for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than twenty years or a fine under this title, or both;

(4)

for threatening to commit a crime of violence, by imprisonment for not more than five years or a fine under this title, or both;

(5)

for attempting or conspiring to commit murder or kidnapping, by imprisonment for not more than ten years or a fine under this title, or both; and

(6)

for attempting or conspiring to commit a crime involving maiming, assault with a dangerous weapon, or assault resulting in serious bodily injury, by imprisonment for not more than three years or a fine of 1 under this title, or both.

(b)

As used in this section—

(1)

“racketeering activity” has the meaning set forth in section 1961 of this title; and

(2)

“enterprise” includes any partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, which is engaged in, or the activities of which affect, interstate or foreign commerce.

Footnotes

  1. 1 So in original. The word “of” probably should not appear.

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. Comprehensive Crime Control Act of 1984

    Pub. L. 98–473 title II § 1002(a) · 98 Stat. 1837

    Enacted · 18 U.S.C. § 1959

    Added Pub. L. 98–473, title II, § 1002(a), Oct. 12, 1984, 98 Stat. 2137, § 1952B

    Source evidence

    Code source credit
    Added Pub. L. 98–473, title II, § 1002(a), Oct. 12, 1984, 98 Stat. 2137, § 1952B

    Enacted provision · exact public law section
    (a) Chapter 95 of title 18, United States Code, is amended by adding new sections 1952A and 1952B, following section 1952, as follows: “§ 1952A. Use of interstate commerce facilities in the commission of murder-for-hire “(a) Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility in interstate or foreign commerce, with intent that a murder be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, shall be fined not more than $10,000 or imprisoned for not more than five years, or both; and if personal injury results, shall be fined not more than $20,000 and imprisoned for not more than twenty years, or both; and if death results, shall be subject to imprisonment for any term of years or for life, or shall be fined not more than $50,000, or both. “(b) As used in this section and section 1952B— Infra. “(1) ‘anything of pecuniary value’ means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage; and “(2) ‘facility of interstate commerce’ includes means of transportation and communication. “§ 1952B. Violent crimes in aid of racketeering activity “(a) Whoever, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity, murders, kidnaps, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, or threatens to commit a crime of violence against any individual in violation of the laws of any State or the United States, or attempts or conspires so to do, shall be punished— “(1) for murder or kidnaping, by imprisonment for any term of years or for life or a fine of not more than $50,000, or both; “(2) for maiming, by imprisonment for not more than thirty years or a fine of not more than $30,000, or both; “(3) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than twenty years or a fine of not more than $20,000, or both; “(4) for threatening to commit a crime of violence, by imprisonment for not more than five years or a fine of not more than $5,000, or both; “(5) for attempting or conspiring to commit murder or kidnaping, by imprisonment for not more than ten years or a fine of not more than $10,000, or both; and “(6) for attempting or conspiring to commit a crime involving maiming, assault with a dangerous weapon, or assault resulting in serious bodily injury, by imprisonment for not more than three years or a fine of not more than $3,000, or both. “(b) As used in this section— “(1) ‘racketeering activity’ has the meaning set forth in section 1961 of this title; and “(2) ‘enterprise’ includes any partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, which is engaged in, or the activities of which affect, interstate or foreign commerce.”.

  2. Minor and Technical Criminal Law Amendments Act of 1988

    Pub. L. 100–690 title VII § 7053(b) · 102 Stat. 4181

    Changed · 18 U.S.C. § 1959

    Pub. L. 100–690 renumbered section 1952B of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 100–690 renumbered section 1952B of this title as this section.

    Enacted provision · exact public law section
    (b) Section 1959.— Section 1952B of title 18, United States Code, is redesignated as section 1959.

  3. Violent Crime Control and Law Enforcement Act of 1994

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

    Substituted · 18 U.S.C. § 1959(a)(1)

    Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $250,000” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $250,000” in two places.

    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”;

  4. Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60003(a)(12) · 108 Stat. 1796

    Amended · 18 U.S.C. § 1959(a)(1)

    Pub. L. 103–322, § 60003(a)(12), amended par. (1) generally. Prior to amendment, par. (1) read as follows:

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 60003(a)(12), amended par. (1) generally. Prior to amendment, par. (1) read as follows:

    “(1) for murder or kidnaping, by imprisonment for any term of years or for life or a fine of not more than $50,000, or both;”.

    Enacted provision · exact public law section
    (12) Racketeering.— Section 1959(a)(1)of title 18, United States Code, is amended to read as follows: “(1) for murder, by death or life imprisonment, or a fine of not more than $250,000, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine of not more than $250,000, or both;”.

  5. Violent Crime Control and Law Enforcement Act of 1994

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

    Substituted · 18 U.S.C. § 1959(a)(2)(4)

    Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $30,000” in par. (2), “fine of not more than $20,000” in par. (3), and “fine of not more than $5,000” in par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (4). Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $30,000” in par. (2), “fine of not more than $20,000” in par. (3), and “fine of not more than $5,000” in par. (4).

    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”;

  6. Violent Crime Control and Law Enforcement Act of 1994

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

    Substituted · 18 U.S.C. § 1959(a)(5)

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

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping”.

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

  7. Violent Crime Control and Law Enforcement Act of 1994

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

    Substituted · 18 U.S.C. § 1959(a)(5)

    Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $10,000”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $10,000”.

    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. Violent Crime Control and Law Enforcement Act of 1994

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

    Substituted · 18 U.S.C. § 1959(a)(6)

    Pub. L. 103–322, § 330016(1)(J), substituted “under this title” for “not more than $3,000” after “fine of”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 103–322, § 330016(1)(J), substituted “under this title” for “not more than $3,000” after “fine of”.

    Enacted provision · exact public law section
    (J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and 1959 by striking “not more than $3,000” and inserting “under this title”;

8 of 8 references resolved to an enrolled provision

Editorial Notes

Amendments1988–1994 · 2 rounds

1994

Subsec. (a)(1). Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $250,000” in two places.

Pub. L. 103–322, § 60003(a)(12), amended par. (1) generally. Prior to amendment, par. (1) read as follows:

“(1) for murder or kidnaping, by imprisonment for any term of years or for life or a fine of not more than $50,000, or both;”.

Subsec. (a)(2) to (4). Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $30,000” in par. (2), “fine of not more than $20,000” in par. (3), and “fine of not more than $5,000” in par. (4).

Subsec. (a)(5). Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping”.

Pub. L. 103–322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $10,000”.

Subsec. (a)(6). Pub. L. 103–322, § 330016(1)(J), substituted “under this title” for “not more than $3,000” after “fine of”.

1988

Credits

1984–1994 · 3 acts
  1. 1984Added Pub. L. 98–473, title II, § 1002(a), , 98 Stat. 2137, § 1952B
  2. 1988renumbered § 1959, Pub. L. 100–690, title VII, § 7053(b), , 102 Stat. 4402
  3. 1994Pub. L. 103–322, title VI, § 60003(a)(12), title XXXIII, §§ 330016(1)(J), (2)(C), 330021(1), , 108 Stat. 1969, 2147, 2148, 2150.
Show as published

(Added Pub. L. 98–473, title II, § 1002(a), , 98 Stat. 2137, § 1952B; renumbered § 1959, Pub. L. 100–690, title VII, § 7053(b), , 102 Stat. 4402; Pub. L. 103–322, title VI, § 60003(a)(12), title XXXIII, §§ 330016(1)(J), (2)(C), 330021(1), , 108 Stat. 1969, 2147, 2148, 2150.)

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