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CITE

    18 USC Sec. 112                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 7 - ASSAULT

HEAD

    Sec. 112. Protection of foreign officials, official guests, and
      internationally protected persons

STATUTE

      (a) Whoever assaults, strikes, wounds, imprisons, or offers
    violence to a foreign official, official guest, or internationally
    protected person or makes any other violent attack upon the person
    or liberty of such person, or, if likely to endanger his person or
    liberty, makes a violent attack upon his official premises, private
    accommodation, or means of transport or attempts to commit any of
    the foregoing shall be fined under this title or imprisoned not
    more than three years, or both. Whoever in the commission of any
    such act uses a deadly or dangerous weapon, or inflicts bodily
    injury, shall be fined under this title or imprisoned not more than
    ten years, or both.
      (b) Whoever willfully -
        (1) intimidates, coerces, threatens, or harasses a foreign
      official or an official guest or obstructs a foreign official in
      the performance of his duties;
        (2) attempts to intimidate, coerce, threaten, or harass a
      foreign official or an official guest or obstruct a foreign
      official in the performance of his duties; or
        (3) within the United States and within one hundred feet of any
      building or premises in whole or in part owned, used, or occupied
      for official business or for diplomatic, consular, or residential
      purposes by -
          (A) a foreign government, including such use as a mission to
        an international organization;
          (B) an international organization;
          (C) a foreign official; or
          (D) an official guest;
      congregates with two or more other persons with intent to violate
      any other provision of this section;
    shall be fined under this title or imprisoned not more than six
    months, or both.
      (c) For the purpose of this section "foreign government",
    "foreign official", "internationally protected person",
    "international organization", "national of the United States", and
    "official guest" shall have the same meanings as those provided in
    section 1116(b) of this title.
      (d) Nothing contained in this section shall be construed or
    applied so as to abridge the exercise of rights guaranteed under
    the first amendment to the Constitution of the United States.
      (e) 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.
      (f) In the course of enforcement of subsection (a) and any other
    sections prohibiting a conspiracy or attempt to violate subsection
    (a), the Attorney General may request assistance from any Federal,
    State, or local agency, including the Army, Navy, and Air Force,
    any statute, rule, or regulation to the contrary, notwithstanding.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 88-493, Sec. 1, Aug.
    27, 1964, 78 Stat. 610; Pub. L. 92-539, title III, Sec. 301, Oct.
    24, 1972, 86 Stat. 1072; Pub. L. 94-467, Sec. 5, Oct. 8, 1976, 90
    Stat. 1999; Pub. L. 95-163, Sec. 17(b)(1), Nov. 9, 1977, 91 Stat.
    1286; Pub. L. 95-504, Sec. 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub.
    L. 100-690, title VI, Sec. 6478, Nov. 18, 1988, 102 Stat. 4381;
    Pub. L. 103-272, Sec. 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub.
    L. 103-322, title XXXII, Sec. 320101(b), title XXXIII, Sec.
    330016(1)(G), (K), Sept. 13, 1994, 108 Stat. 2108, 2147; Pub. L.
    104-132, title VII, Sec. 721(d), Apr. 24, 1996, 110 Stat. 1298;
    Pub. L. 104-294, title VI, Sec. 604(b)(12)(A), Oct. 11, 1996, 110
    Stat. 3507.)

HISTORICAL AND REVISION NOTES

      Based on section 255 of title 22, U.S.C., 1940 ed., Foreign
    Relations and Intercourse (R.S. Sec. 4062).
      Punishment provision was rewritten to make it more definite by
    substituting a maximum of $5,000 in lieu of the words "fined at the
    discretion of the court." As thus revised this provision conforms
    with the first punishment provision of section 111 of this title.
    So, also, the greater punishment provided by the second paragraph
    of section 111 was added to this section for offenses involving the
    use of dangerous weapons.
                                AMENDMENTS
      1996 - Subsec. (a). Pub. L. 104-294 repealed Pub. L. 103-322,
    Sec. 320101(b)(1). See 1994 Amendment note below.
      Subsec. (c). Pub. L. 104-132, Sec. 721(d)(1), inserted "
    'national of the United States'," before "and 'official guest' ".
      Subsec. (e). Pub. L. 104-132, Sec. 721(d)(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, Sec. 330016(1)(K),
    substituted "under this title" for "not more than $5,000" before
    "or imprisoned not more than three years".
      Pub. L. 103-322, Sec. 320101(b)(2), (3), inserted ", or inflicts
    bodily injury," after "weapon" and substituted "under this title"
    for "not more than $10,000" before "or imprisoned not more than ten
    years".
      Pub. L. 103-322, Sec. 320101(b)(1), which provided for amendment
    identical to Pub. L. 103-322, Sec. 330016(1)(K), above, was
    repealed by Pub. L. 104-294, Sec. 604(b)(12)(A).
      Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(G), in concluding
    provisions, substituted "under this title" for "not more than
    $500".
      Subsec. (e). 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))".
      1988 - Subsec. (b)(3). Pub. L. 100-690 struck out "but outside
    the District of Columbia" after "United States".
      1978 - Subsec. (e). 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. (e). 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.
      1976 - Pub. L. 94-467 substituted "official guests, and
    internationally protected persons" for "and official guests" in
    section catchline.
      Subsec. (a). Pub. L. 94-467 substituted "official guest, or
    internationally protected person" for "or official guest" and
    inserted provision including any other violent attack on the person
    or the liberty of such official, guest, or protected person, his
    official premises, private accommodation, or means of transport, or
    any attempt thereof, as acts subject to fine or imprisonment.
      Subsec. (b). Pub. L. 94-467 restructured subsec. (b) and added
    pars. (2) and (3).
      Subsec. (c). Pub. L. 94-467 redesignated subsec. (d) as (c),
    inserted "internationally protected persons", and struck out
    reference to section 1116(c) of this title. Former subsec. (c),
    which related to punishment for intimidating or harassing
    demonstrations against foreign officials or any combination of two
    or more persons for such purposes, within one hundred feet of any
    buildings or premises owned by a foreign government located within
    the United States but outside the District of Columbia, was struck
    out.
      Subsecs. (d) to (f). Pub. L. 94-467 added subsecs. (e) and (f)
    and redesignated former subsecs. (d) and (e) as (c) and (d),
    respectively.
      1972 - Subsec. (a). Pub. L. 92-539 substituted "Protection of
    foreign officials and official guests" for "Assaulting certain
    foreign diplomatic and other official personnel" in section
    catchline, designated existing provisions as subsec. (a), and
    substituted "a foreign official or official guest" for "the person
    of a head of foreign state or foreign government, foreign minister,
    ambassador or other public minister" and "act" for "acts".
      Subsecs. (b) to (e). Pub. L. 92-539 added subsecs. (b) to (e).
      1964 - Pub. L. 88-493 included heads of foreign states or
    governments and foreign ministers.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      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.
                       SHORT TITLE OF 1976 AMENDMENT
      Section 1 of Pub. L. 94-467 provided: "That this Act [enacting
    section 878 of this title, amending this section and sections 11,
    970, 1116, and 1201 of this title, and enacting provisions set out
    as notes under this section] may be cited as the 'Act for the
    Prevention and Punishment of Crimes Against Internationally
    Protected Persons'."
                       SHORT TITLE OF 1972 AMENDMENT
      Section 1 of Pub. L. 92-539 provided: "That this Act [enacting
    sections 970, 1116, and 1117 of this title, amending this section
    and section 1201 of this title, and enacting provisions set out as
    notes under this section] may be cited as the 'Act for the
    Protection of Foreign Officials and Official Guests of the United
    States'."
                    STATE AND LOCAL LAWS NOT SUPERSEDED
      Section 10 of Pub. L. 94-467 provided that: "Nothing contained in
    this Act [see Short Title of 1976 Amendment note above] shall be
    construed to indicate an intent on the part of Congress to occupy
    the field in which its provisions operate to the exclusion of the
    laws of any State, Commonwealth, territory, possession, or the
    District of Columbia, on the same subject matter, nor to relieve
    any person of any obligation imposed by any law of any State,
    Commonwealth, territory, possession, or the District of Columbia,
    including the obligation of all persons having official law
    enforcement powers to take appropriate action, such as effecting
    arrests, for Federal as well as non-Federal violations."
             CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
      Section 2 of Pub. L. 92-539 provided that:
      "The Congress recognizes that from the beginning of our history
    as a nation, the police power to investigate, prosecute, and punish
    common crimes such as murder, kidnaping, and assault has resided in
    the several States, and that such power should remain with the
    States.
      "The Congress finds, however, that harassment, intimidation,
    obstruction, coercion, and acts of violence committed against
    foreign officials or their family members in the United States or
    against official guests of the United States adversely affect the
    foreign relations of the United States.
      "Accordingly, this legislation is intended to afford the United
    States jurisdiction concurrent with that of the several States to
    proceed against those who by such acts interfere with its conduct
    of foreign affairs."
                            FEDERAL PREEMPTION
      Section 3 of Pub. L. 92-539 provided that: "Nothing contained in
    this Act [see Short Title of 1972 Amendment note above] shall be
    construed to indicate an intent on the part of Congress to occupy
    the field in which its provisions operate to the exclusion of the
    laws of any State, Commonwealth, territory, possession, or the
    District of Columbia on the same subject matter, nor to relieve any
    person of any obligation imposed by any law of any State,
    Commonwealth, territory, possession, or the District of Columbia."
                    IMMUNITY FROM CRIMINAL PROSECUTION
      Section 5 of Pub. L. 88-493 provided that: "Nothing contained in
    this Act [amending this section and section 1114 of this title, and
    enacting section 170e-1 of former Title 5, Executive Departments
    and Government Officers and Employees] shall create immunity from
    criminal prosecution under any laws in any State, Commonwealth of
    Puerto Rico, territory, possession, or the District of Columbia."
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