Title 18 — Crimes and Criminal Procedure
Part I · Chapter 41 — Extortion and Threats
§ 879. Threats against former Presidents and certain other persons
Statutory text
Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon—
a former President or a member of the immediate family of a former President;
a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect;
a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or
a person protected by the Secret Service under section 3056(a)(6);
shall be fined under this title or imprisoned not more than 5 years, or both.
As used in this section—
the term “immediate family” means—
with respect to subsection (a)(1) of this section, the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage, and minor children of a former President until they reach sixteen years of age; and
with respect to subsection (a)(2) and (a)(3) of this section, a person to whom the President, President-elect, Vice President, Vice President-elect, or major candidate for the office of President or Vice President—
is related by blood, marriage, or adoption; or
stands in loco parentis;
the term “major candidate for the office of President or Vice President” means a candidate referred to in subsection (a)(7) of section 3056 of this title; and
the terms “President-elect” and “Vice President-elect” have the meanings given those terms in section 871(b) of this title.
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. 97–297 § 1(a) · 96 Stat. 1317
Enacted · 18 U.S.C. § 879
Added Pub. L. 97–297, § 1(a), Oct. 12, 1982, 96 Stat. 1317
Source evidence
Code source credit
Added Pub. L. 97–297, § 1(a), Oct. 12, 1982, 96 Stat. 1317Enacted provision · exact public law section
(1) by striking out “and 871 of this title” and inserting in lieu thereof “871, and 879 of this title”; andPub. L. 98–587 § 3(a) · 98 Stat. 3110
Substituted · 18 U.S.C. § 879(b)(2)
Pub. L. 98–587 substituted “subsection (a)(7) of section 3056 of this title” for “the first section of the joint resolution entitled ‘Joint resolution to authorize the United States Secret Service to furnish protection to major Presidential or Vice Presidential candidates’, approved June 6, 1968 (18 U.S.C. 3056 note)”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 98–587 substituted “subsection (a)(7) of section 3056 of this title” for “the first section of the joint resolution entitled ‘Joint resolution to authorize the United States Secret Service to furnish protection to major Presidential or Vice Presidential candidates’, approved June 6, 1968 (18 U.S.C. 3056 note)”.Enacted provision · exact public law section
(a) Section 879(b)(2) of title 18, United States Code, is amended by striking out “the first section of the joint resolution entitled ‘Joint resolution to authorize the United States Secret Service to furnish protection to major Presidential or Vice Presidential candidates’, approved June 6, 1968 (18 U.S.C. 3056 note)” and inserting in lieu thereof “subsection (a)(7) of section 3056 of this title”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(H) · 108 Stat. 1796
Substituted · 18 U.S.C. § 879(a)
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions.Enacted provision · exact public law section
(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;Pub. L. 106–544 § 2(b)(1) · 114 Stat. 2715
Struck · 18 U.S.C. § 879
Pub. L. 106–544, § 2(b)(1), struck out “protected by the Secret Service” after “other persons” in section catchline
Source evidence
Code amendment note
Pub. L. 106–544, § 2(b)(1), struck out “protected by the Secret Service” after “other persons” in section catchline.Enacted provision · exact public law section
(1) Heading.— The heading for section 879 of title 18, United States Code, is amended by striking “protected by the Secret Service”.Pub. L. 106–544 § 2(a)(1) · 114 Stat. 2715
Substituted · 18 U.S.C. § 879(a)
Pub. L. 106–544, § 2(a)(1)–(4), in par. (3), substituted “a member of the immediate family” for “the spouse”
Added · 18 U.S.C. § 879(a)
Pub. L. 106–544, § 2(a)(1)–(4), in par. (3), added par. (4), and, in concluding provisions
Struck · 18 U.S.C. § 879(a)
Pub. L. 106–544, § 2(a)(1)–(4), in par. (3), struck out “who is protected by the Secret Service as provided by law,” before “shall be fined”
Substituted · 18 U.S.C. § 879(a)
Pub. L. 106–544, § 2(a)(1)–(4), in par. (3), substituted “5 years” for “three years”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–544, § 2(a)(1)–(4), in par. (3), substituted “a member of the immediate family” for “the spouse”, added par. (4), and, in concluding provisions, struck out “who is protected by the Secret Service as provided by law,” before “shall be fined” and substituted “5 years” for “three years”.Enacted provision · exact public law section
(1) by striking “or” at the end of subsection (a)(2);Pub. L. 106–544 § 2(a)(5) · 114 Stat. 2715
Inserted · 18 U.S.C. § 879(b)(1)(B)
Pub. L. 106–544, § 2(a)(5), in introductory provisions, inserted “and (a)(3)” after “subsection (a)(2)”
Substituted · 18 U.S.C. § 879(b)(1)(B)
Pub. L. 106–544, § 2(a)(5), in introductory provisions, substituted “Vice President-elect, or major candidate for the office of President or Vice President” for “or Vice President-elect”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 106–544, § 2(a)(5), in introductory provisions, inserted “and (a)(3)” after “subsection (a)(2)” and substituted “Vice President-elect, or major candidate for the office of President or Vice President” for “or Vice President-elect”.Enacted provision · exact public law section
(5) in subsection (b)(1)(B)— (A) by inserting “and (a)(3)” after “subsection (a)(2)”; and (B) by striking “or Vice President-elect” and inserting “Vice President-elect, or major candidate for the office of President or Vice President”.21st Century President Act
Pub. L. 117–272 § 2 · 136 Stat. 4181
Substituted · 18 U.S.C. § 879(b)(1)(A)
Pub. L. 117–272 substituted “the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage” for “the wife of a former President during his lifetime, the widow of a former President until her death or remarriage”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 117–272 substituted “the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage” for “the wife of a former President during his lifetime, the widow of a former President until her death or remarriage”.Enacted provision · exact public law section
SEC. 2. MODERNIZATION OF TERMS RELATING TO THE PRESIDENT AND THE SPOUSE OF A PRESIDENT. Section 879(b)(1)(A) of title 18, United States Code, is amended by striking “the wife of a former President during his lifetime, the widow of a former President until her death or remarriage” and inserting “the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage”.
11 of 11 references resolved to an enrolled provision
Editorial Notes
Amendments1984–2022 · 4 rounds
2022
Subsec. (b)(1)(A). Pub. L. 117–272 substituted “the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage” for “the wife of a former President during his lifetime, the widow of a former President until her death or remarriage”.
2000
Pub. L. 106–544, § 2(b)(1), struck out “protected by the Secret Service” after “other persons” in section catchline.
Subsec. (a). Pub. L. 106–544, § 2(a)(1)–(4), in par. (3), substituted “a member of the immediate family” for “the spouse”, added par. (4), and, in concluding provisions, struck out “who is protected by the Secret Service as provided by law,” before “shall be fined” and substituted “5 years” for “three years”.
Subsec. (b)(1)(B). Pub. L. 106–544, § 2(a)(5), in introductory provisions, inserted “and (a)(3)” after “subsection (a)(2)” and substituted “Vice President-elect, or major candidate for the office of President or Vice President” for “or Vice President-elect”.
1994
Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions.
1984
Subsec. (b)(2). Pub. L. 98–587 substituted “subsection (a)(7) of section 3056 of this title” for “the first section of the joint resolution entitled ‘Joint resolution to authorize the United States Secret Service to furnish protection to major Presidential or Vice Presidential candidates’, approved (18 U.S.C. 3056 note)”.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Credits
1982–2022 · 5 acts
- 1982Added Pub. L. 97–297, § 1(a), , 96 Stat. 1317
- 1984amended Pub. L. 98–587, § 3(a), , 98 Stat. 3111
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), , 108 Stat. 2147
- 2000Pub. L. 106–544, § 2(a), (b)(1), , 114 Stat. 2715
- 2022Pub. L. 117–272, § 2, , 136 Stat. 4181.
Show as published
(Added Pub. L. 97–297, § 1(a), , 96 Stat. 1317; amended Pub. L. 98–587, § 3(a), , 98 Stat. 3111; Pub. L. 103–322, title XXXIII, § 330016(1)(H), , 108 Stat. 2147; Pub. L. 106–544, § 2(a), (b)(1), , 114 Stat. 2715; Pub. L. 117–272, § 2, , 136 Stat. 4181.)