Title 18 — Crimes and Criminal Procedure
Part I · Chapter 41 — Extortion and Threats
§ 878. Threats and extortion against foreign officials, official guests, or internationally protected persons
Statutory text
Whoever knowingly and willfully threatens to violate section 112, 1116, or 1201 shall be fined under this title or imprisoned not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years.
Whoever in connection with any violation of subsection (a) or actual violation of section 112, 1116, or 1201 makes any extortionate demand shall be fined under this title or imprisoned not more than twenty years, or both.
For the purpose of this section “foreign official”, “internationally protected person”, “national of the United States”, and “official guest” shall have the same meanings as those provided in section 1116(a) of this title.
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.
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.
Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons
Pub. L. 94–467 § 8 · 90 Stat. 1997
Enacted · 18 U.S.C. § 878
Added Pub. L. 94–467, § 8, Oct. 8, 1976, 90 Stat. 2000
Source evidence
Code source credit
Added Pub. L. 94–467, § 8, Oct. 8, 1976, 90 Stat. 2000Enacted provision · exact public law section
Sec. 8. Chapter 41 of title 18, United States Code, is amended by adding a new section 878 as follows: “§ 878. Threats and extortion against foreign officials, official guests, or internationally protected persons “(a) Whoever knowingly and willfully threatens to violate section Ante, pp. 1997, 1999. 18 USC 1201. 112, 1116, or 1201 by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person shall be fined not more than $5,000 or imprisoned not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years. “(b) Whoever in connection with any violation of subsection (a) or actual violation of section 112, 1116, or 1201 makes any extortionate demand shall be fined not more than $20,000 or imprisoned not more than twenty years, or both. “(c) For the purpose of this section ‘foreign official’, ‘internationally Definitions. protected person’, and ‘official guest’ shall have the same meanings as those provided in section 1116(a) of this title. Ante, p. 1997. “(d) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of secions 5 and 7 of this title and section 101 (34) of the Federal Aviation 18 USC 5, 7. Act of 1958, as amended (49 U.S.C. 1301(34))”.Pub. L. 95–163 § 17(b)(1) · 91 Stat. 1278
Substituted · 18 U.S.C. § 878(d)
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. (d). 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. § 878(d)
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. (d). 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.Pub. L. 103–272 § 5(e)(2) · 108 Stat. 745
Substituted · 18 U.S.C. § 878(d)
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. (d). 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. § 878(a)
Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”.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 § 330016(1)(N) · 108 Stat. 1796
Substituted · 18 U.S.C. § 878(b)
Pub. L. 103–322, § 330016(1)(N), substituted “fined under this title” for “fined not more than $20,000”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–322, § 330016(1)(N), substituted “fined under this title” for “fined not more than $20,000”.Enacted provision · exact public law section
(N) in sections 844, 878, 1728, 1955, 1958, 2321, 2384, and 2385 by striking “not more than $20,000” each place it appears and inserting “under this title”;Pub. L. 104–132 § 705(a)(4) · 110 Stat. 1214
Struck · 18 U.S.C. § 878(a)
Pub. L. 104–132, § 705(a)(4), struck out “by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person” before “shall be fined”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–132, § 705(a)(4), struck out “by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person” before “shall be fined”.Enacted provision · exact public law section
(4) in section 878(a), by striking “by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person”;Pub. L. 104–132 § 721(e)(1) · 110 Stat. 1214
Inserted · 18 U.S.C. § 878(c)
Pub. L. 104–132, § 721(e)(1), inserted “ ‘national of the United States’,” before “and ‘official guest’ ”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–132, § 721(e)(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(e)(2) · 110 Stat. 1214
Inserted · 18 U.S.C. § 878(d)
Pub. L. 104–132, § 721(e)(2), inserted first sentence
Struck · 18 U.S.C. § 878(d)
Pub. L. 104–132, § 721(e)(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. (d). Pub. L. 104–132, § 721(e)(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 (d), 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.”.
10 of 10 references resolved to an enrolled provision
Editorial Notes
Amendments1977–1996 · 4 rounds
1996
Subsec. (a). Pub. L. 104–132, § 705(a)(4), struck out “by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person” before “shall be fined”.
Subsec. (c). Pub. L. 104–132, § 721(e)(1), inserted “ ‘national of the United States’,” before “and ‘official guest’ ”.
Subsec. (d). Pub. L. 104–132, § 721(e)(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 “fined under this title” for “fined not more than $5,000”.
Subsec. (b). Pub. L. 103–322, § 330016(1)(N), substituted “fined under this title” for “fined not more than $20,000”.
Subsec. (d). 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))”.
1978
Subsec. (d). 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. (d). 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.
Credits
1976–1996 · 6 acts
- 1976Added Pub. L. 94–467, § 8, , 90 Stat. 2000
- 1977amended Pub. L. 95–163, § 17(b)(1), , 91 Stat. 1286
- 1978Pub. L. 95–504, § 2(b), , 92 Stat. 1705
- 1994Pub. L. 103–272, § 5(e)(2), , 108 Stat. 1373
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(K), (N), , 108 Stat. 2147, 2148
- 1996Pub. L. 104–132, title VII, §§ 705(a)(4), 721(e), , 110 Stat. 1295, 1299.
Show as published
(Added Pub. L. 94–467, § 8, , 90 Stat. 2000; amended Pub. L. 95–163, § 17(b)(1), , 91 Stat. 1286; Pub. L. 95–504, § 2(b), , 92 Stat. 1705; Pub. L. 103–272, § 5(e)(2), , 108 Stat. 1373; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (N), , 108 Stat. 2147, 2148; Pub. L. 104–132, title VII, §§ 705(a)(4), 721(e), , 110 Stat. 1295, 1299.)