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CITE

    18 USC Sec. 1114                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 51 - HOMICIDE

HEAD

    Sec. 1114. Protection of officers and employees of the United
      States

STATUTE

      Whoever kills or attempts to kill any officer or employee of the
    United States or of any agency in any branch of the United States
    Government (including any member of the uniformed services) while
    such officer or employee is engaged in or on account of the
    performance of official duties, or any person assisting such an
    officer or employee in the performance of such duties or on account
    of that assistance, shall be punished -
        (1) in the case of murder, as provided under section 1111;
        (2) in the case of manslaughter, as provided under section
      1112; or
        (3) in the case of attempted murder or manslaughter, as
      provided in section 1113.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 756; May 24, 1949, ch. 139, Sec.
    24, 63 Stat. 93; Oct. 31, 1951, ch. 655, Sec. 28, 65 Stat. 721;
    June 27, 1952, ch. 477, title IV, Sec. 402(c), 66 Stat. 276; Pub.
    L. 85-568, title III, Sec. 304(d), July 29, 1958, 72 Stat. 434;
    Pub. L. 87-518, Sec. 10, July 2, 1962, 76 Stat. 132; Pub. L. 88-
    493, Sec. 3, Aug. 27, 1964, 78 Stat. 610; Pub. L. 89-74, Sec.
    8(b), July 15, 1965, 79 Stat. 234; Pub. L. 90-449, Sec. 2, Aug. 2,
    1968, 82 Stat. 611; Pub. L. 91-375, Sec. 6(j)(9), Aug. 12, 1970, 84
    Stat. 777; Pub. L. 91-513, title II, Sec. 701(i)(1), Oct. 27, 1970,
    84 Stat. 1282; Pub. L. 91-596, Sec. 17(h)(1), Dec. 29, 1970, 84
    Stat. 1607; Pub. L. 93-481, Sec. 5, Oct. 26, 1974, 88 Stat. 1456;
    Pub. L. 94-284, Sec. 18, May 11, 1976, 90 Stat. 514; Pub. L. 94-
    582, Sec. 16, Oct. 21, 1976, 90 Stat. 2883; Pub. L. 95-87, title
    VII, Sec. 704, Aug. 3, 1977, 91 Stat. 520; Pub. L. 95-616, Sec.
    3(j)(2), Nov. 8, 1978, 92 Stat. 3112; Pub. L. 95-630, title III,
    Sec. 307, Nov. 10, 1978, 92 Stat. 3677; Pub. L. 96-296, Sec. 26(c),
    July 1, 1980, 94 Stat. 819; Pub. L. 96-466, title VII, Sec. 704,
    Oct. 17, 1980, 94 Stat. 2216; Pub. L. 97-143, Sec. 1(b), Dec. 29,
    1981, 95 Stat. 1724; Pub. L. 97-259, title I, Sec. 128, Sept. 13,
    1982, 96 Stat. 1099; Pub. L. 97-365, Sec. 6, Oct. 25, 1982, 96
    Stat. 1752; Pub. L. 97-452, Sec. 2(b), Jan. 12, 1983, 96 Stat.
    2478; Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat.
    313; Pub. L. 98-473, title II, Sec. 1012, Oct. 12, 1984, 98 Stat.
    2142; Pub. L. 98-557, Sec. 17(c), Oct. 30, 1984, 98 Stat. 2868;
    Pub. L. 100-690, title VII, Sec. 7026, Nov. 18, 1988, 102 Stat.
    4397; Pub. L. 101-73, title IX, Sec. 962(a)(6), Aug. 9, 1989, 103
    Stat. 502; Pub. L. 101-647, title XII, Sec. 1205(h), title XVI,
    Sec. 1606, title XXXV, Sec. 3535, Nov. 29, 1990, 104 Stat. 4831,
    4843, 4925; Pub. L. 102-54, Sec. 13(f)(2), June 13, 1991, 105 Stat.
    275; Pub. L. 102-365, Sec. 6, Sept. 3, 1992, 106 Stat. 975; Pub. L.
    103-322, title VI, Sec. 60007, title XXXIII, Secs. 330009(c),
    330011(g), Sept. 13, 1994, 108 Stat. 1971, 2143, 2145; Pub. L. 104-
    132, title VII, Sec. 727(a), Apr. 24, 1996, 110 Stat. 1302; Pub.
    L. 104-294, title VI, Sec. 601(f)(2), Oct. 11, 1996, 110 Stat.
    3499; Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,
    2002, 116 Stat. 1808.)

HISTORICAL AND REVISION NOTES

                                 1948 ACT
      Based on title 18, U.S.C., 1940 ed., Sec. 253 (May 18, 1934, ch.
    299, Sec. 1, 48 Stat. 780; Feb. 8, 1936, ch. 40, 49 Stat. 1105;
    June 26, 1936, ch. 830, title I, Sec. 3, 49 Stat. 1940; Reorg. Plan
    No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
    June 13, 1940, ch. 359, 54 Stat. 391).
      The section was extended to include United States judges,
    attorneys and their assistants, and officers of Federal, penal and
    correctional institutions in view of the obvious desirability of
    such protective legislation.
      Employees of the Bureau of Animal Industry have been included in
    this section to complete the revision of section 118 of title 18,
    U.S.C., 1940 ed., which was consolidated with the assault
    provisions of section 254 of said title 18 and is now section 111
    of this title. There seemed no sound reason for including such
    officers in the protection against assaults but excluding them from
    the homicide sections.
      For like reasons the section was broadened to include officers or
    employees of the Secret Service or of the Bureau of Narcotics.
      Changes in phraseology were made.
                                 1949 ACT
      This section [section 24] amends section 1114 of title 18,
    U.S.C., to conform more closely with the original statute from
    which it was derived.
                                AMENDMENTS
      2002 - Subsec. (b). Pub. L. 107-273 repealed amendment by Pub. L.
    104-294. See 1996 Amendment note below.
      1996 - Pub. L. 104-132 reenacted section catchline without change
    and amended text generally, restructuring provisions by inserting
    par. designations and substituting reference to section 1113 of
    this title and general reference to killing or attempting to kill
    any officer or employee of any agency in any branch of United
    States Government for more specific references to killing or
    attempting to kill certain enumerated officers and employees of
    United States.
      Subsec. (b). Pub. L. 104-294, which directed substitution in text
    of "1112," for "1112." and could not be executed, was repealed by
    Pub. L. 107-273. See above.
      1994 - Pub. L. 103-322, Sec. 330011(g), repealed Pub. L. 101-647,
    Sec. 1606. See 1990 Amendment notes below.
      Pub. L. 103-322, Sec. 330009(c), substituted "or any other
    officer or employee of the United States or any agency thereof" for
    "or any other officer, agency, or employee of the United States".
      Pub. L. 103-322, Sec. 60007, substituted "punished, in the case
    of murder, as provided under section 1111, or, in the case of
    manslaughter, as provided under section 1112." for "punished as
    provided under sections 1111 and 1112 of this title,".
      1992 - Pub. L. 102-365 inserted "any officer or employee of the
    Federal Railroad Administration assigned to perform investigative,
    inspection, or law enforcement functions," after "any employee of
    the Coast Guard assigned to perform investigative, inspection or
    law enforcement functions,".
      1991 - Pub. L. 102-54 substituted "Department of Veterans
    Affairs" for "Veterans' Administration".
      1990 - Pub. L. 101-647, Sec. 3535(3), which directed amendment of
    section by striking out "the Federal Savings and Loan Insurance
    Corporation," could not be executed because that language had been
    struck out by Pub. L. 101-73. See 1989 Amendment note below.
      Pub. L. 101-647, Sec. 1606(3), which amended this section
    identically to amendment by Pub. L. 101-647, Sec. 3535(3), was
    repealed by Pub. L. 103-322, Sec. 330011(g). See above.
      Pub. L. 101-647, Sec. 3535(1), (2), substituted "Secret Service"
    for "secret service" and "any officer or employee of the Department
    of Education, the Department of Health and Human Services," for
    "any officer or employee of the Department of Health, Education,
    and Welfare,".
      Pub. L. 101-647, Sec. 1606(1), (2), which amended this section
    identically to amendment by Pub. L. 101-647, Sec. 3535(1), (2), was
    repealed by Pub. L. 103-322, Sec. 330011(g). See above.
      Pub. L. 101-647, Sec. 1205(h), inserted "or any other
    commonwealth, territory, or possession" after "the Virgin Islands".
      1989 - Pub. L. 101-73 struck out "the Federal Savings and Loan
    Insurance Corporation," after "Federal Deposit Insurance
    Corporation," and substituted "the Office of Thrift Supervision,
    the Federal Housing Finance Board, the Resolution Trust
    Corporation" for "the Federal Home Loan Bank Board".
      1988 - Pub. L. 100-690 struck out second comma after "terms of
    this section".
      1984 - Pub. L. 98-557 substituted reference to Coast Guard
    member, and Coast Guard employee assigned to perform investigative,
    inspection or law enforcement functions, for reference to any
    officer or enlisted man of the Coast Guard.
      Pub. L. 98-473 inserted "or attempts to kill" after "Whoever
    kills", substituted "or any United States probation or pretrial
    services officer, or any United States magistrate, or any officer
    or employee of any department or agency within the Intelligence
    Community (as defined in section 3.4(F) of Executive Order 12333,
    December 8, 1981, or successor orders) not already covered under
    the terms of this section," for "while engaged in the performance
    of his official duties or on account of the performance of his
    official duties", inserted ", or any other officer, agency, or
    employee of the United States designated for coverage under this
    section in regulations issued by the Attorney General", and
    inserted ", except that any such person who is found guilty of
    attempted murder shall be imprisoned for not more than twenty
    years".
      1983 - Pub. L. 98-63 inserted "any civilian official or employee
    of the Army Corps of Engineers assigned to perform investigations,
    inspections, law or regulatory enforcement functions, or field-
    level real estate functions," after "National Park Service,".
      1983 - Pub. L. 97-452 substituted "sections 3711 and 3716-3718 of
    title 31" for "the Federal Claims Collection Act of 1966 (31 U.S.C.
    951 et seq.)".
      1982 - Pub. L. 97-365 struck out "or" before "any attorney,
    liquidator, examiner, claim agent" and inserted ", or any officer
    or employee of the United States or any agency thereof designated
    to collect or compromise a Federal claim in accordance with the
    Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) or
    other statutory authority" before "shall be punished".
      Pub. L. 97-259 inserted "or any officer or employee of the
    Federal Communications Commission performing investigative,
    inspection, or law enforcement functions," after "or law
    enforcement functions,".
      1981 - Pub. L. 97-143 inserted "any officer or member of the
    United States Capitol Police," after "Drug Enforcement
    Administration,".
      1980 - Pub. L. 96-466 inserted "or any officer or employee of the
    Veterans' Administration assigned to perform investigative or law
    enforcement functions," after "of the Department of Agriculture
    assigned to perform investigative, inspection, or law enforcement
    functions,".
      Pub. L. 96-296 inserted "Interstate Commerce Commission," after
    "Consumer Product Safety Commission,".
      1978 - Pub. L. 95-630 inserted "or any attorney, liquidator,
    examiner, claim agent, or other employee of the Federal Deposit
    Insurance Corporation, the Federal Savings and Loan Insurance
    Corporation, the Comptroller of the Currency, the Federal Home Loan
    Bank Board, the Board of Governors of the Federal Reserve System,
    any Federal Reserve bank, or the National Credit Union
    Administration engaged in or on account of the performance of his
    official duties" before "shall be punished".
      Pub. L. 95-616 inserted "the Department of Commerce,".
      1977 - Pub. L. 95-87 inserted "or of the Department of the
    Interior" after "or of the Department of Labor".
      1976 - Pub. L. 94-582 struck out "any employee of the Bureau of
    Animal Industry of the Department of Agriculture," after "the field
    service of the Bureau of Land Management," and inserted "or of the
    Department of Agriculture" after "or of the Department of Labor".
      Pub. L. 94-284 inserted ", the Consumer Product Safety
    Commission," after "Department of Health, Education, and Welfare".
      1974 - Pub. L. 93-481 substituted "Drug Enforcement
    Administration" for "Bureau of Narcotics and Dangerous Drugs".
      1970 - Pub. L. 91-596 substituted "or of the Department of Labor
    assigned to perform investigative, inspection, or law enforcement
    functions", for "designated by the Secretary of Health, Education,
    and Welfare to conduct investigations, or inspections under the
    Federal Food, Drug, and Cosmetic Act".
      Pub. L. 91-513 substituted "Bureau of Narcotics and Dangerous
    Drugs" for "Bureau of Narcotics".
      Pub. L. 91-375 substituted "officer or employee of the Postal
    Service", for "postal inspector, any postmaster, officer, or
    employee in the field service of the Post Office Department" after
    "Department of Justice,".
      1968 - Pub. L. 90-449 substituted "any postal inspector, any
    postmaster, officer, or employee in the field service of the Post
    Office Department" for "any post-office inspector".
      1965 - Pub. L. 89-74 included any officer or employee of the
    Department of Health, Education, and Welfare designated by the
    Secretary of Health, Education, and Welfare to conduct
    investigations or inspections under the Federal Food, Drug, and
    Cosmetic Act.
      1964 - Pub. L. 88-493 inserted "or any security officer of the
    Department of State or the Foreign Service".
      1962 - Pub. L. 87-518 included employees of the Department of
    Agriculture performing any function connected with any Federal or
    State program, or program of Puerto Rico, Guam, the Virgin Islands,
    or the District of Columbia, for control, eradication, or
    prevention of animal diseases.
      1958 - Pub. L. 85-568 included officers and employees of the
    National Aeronautics and Space Administration.
      1952 - Act June 27, 1952, substituted "any immigration officers"
    for "any immigrant inspector or any immigration patrol inspector".
      1951 - Act Oct. 31, 1951, substituted "the field service of the
    Bureau of Land Management" for "the field service of the Division
    of Grazing of the Department of the Interior".
      1949 - Act May 24, 1949, inserted "any officer, employee or agent
    of the customs or of the internal revenue or any person assisting
    him in the execution of his duties".
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
    116 Stat. 1808, provided that the amendment made by section
    4002(c)(1) is effective Oct. 11, 1996.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 330011(g) of Pub. L. 103-322 provided that the amendment
    made by that section is effective as of Nov. 29, 1990.
                     EFFECTIVE DATE OF 1980 AMENDMENT
      Section 802(g)(3) of Pub. L. 96-466 provided in part that the
    amendment made by section 704 of Pub. L. 96-466 is effective Oct.
    17, 1980.
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-630 effective on expiration of 120 days
    after Nov. 10, 1978, see section 2101 of Pub. L. 95-630, set out as
    an Effective Date note under section 375b of Title 12, Banks and
    Banking.
                     EFFECTIVE DATE OF 1976 AMENDMENT
      Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,
    1976, see section 27 of Pub. L. 94-582, as amended, set out as a
    note under section 74 of Title 7, Agriculture.
                     EFFECTIVE DATE OF 1970 AMENDMENTS
      Amendment by Pub. L. 91-513 effective on first day of seventh
    calendar month that begins after Oct. 26, 1970, see section 704 of
    Pub. L. 91-513, set out as an Effective Date note under section 801
    of Title 21, Food and Drugs.
      Amendment by Pub. L. 91-375 effective within 1 year after Aug.
    12, 1970, on date established therefor by Board of Governors of
    United States Postal Service and published by it in Federal
    Register, see section 15(a) of Pub. L. 91-375, set out as an
    Effective Date note preceding section 101 of Title 39, Postal
    Service.
                     EFFECTIVE DATE OF 1965 AMENDMENT
      Amendment by Pub. L. 89-74 effective July 15, 1965, see section
    11 of Pub. L. 89-74.
                             SAVINGS PROVISION
      Amendment by Pub. L. 91-513 not to affect or abate any
    prosecutions for violation of law or any civil seizures or
    forfeitures and injunctive proceedings commenced prior to the
    effective date of such amendment, and all administrative
    proceedings pending before the Bureau of Narcotics and Dangerous
    Drugs on Oct. 27, 1970, to be continued and brought to final
    determination in accord with laws and regulations in effect prior
    to Oct. 27, 1970, see section 702 of Pub. L. 91-513, set out as a
    note under section 321 of Title 21, Food and Drugs.
    LIFE IMPRISONMENT OR LESSER TERM FOR KILLING PERSON IN PERFORMANCE
        OF INVESTIGATIVE, INSPECTION, OR LAW ENFORCEMENT FUNCTIONS
      Section 17(h)(2) of Pub. L. 91-596 provided that:
    "Notwithstanding the provisions of sections 1111 and 1114 of title
    18, United States Code, whoever, in violation of the provisions of
    section 1114 of such title, kills a person while engaged in or on
    account of the performance of investigative, inspection, or law
    enforcement functions added to such section 1114 by paragraph (1)
    of this subsection, and who would otherwise be subject to the
    penalty provisions of such section 1111 shall be punished by
    imprisonment for any term of years or for life."
                    IMMUNITY FROM CRIMINAL PROSECUTION
      Section 5 of Pub. L. 88-493 which provided that nothing in Pub.
    L. 88-493, which amended this section and section 112 of this
    title, and enacted former section 170e-1 of Title 5, Government
    Organization and Employees, shall create immunity from criminal
    prosecution under the laws of any State, territory, possession,
    Puerto Rico, or the District of Columbia, is set out as a note
    under section 112 of this title.
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