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CITE

    18 USC Sec. 1513                                            01/02/2006

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 73 - OBSTRUCTION OF JUSTICE

HEAD

    Sec. 1513. Retaliating against a witness, victim, or an informant

STATUTE

      (a)(1) Whoever kills or attempts to kill another person with
    intent to retaliate against any person for -
        (A) the attendance of a witness or party at an official
      proceeding, or any testimony given or any record, document, or
      other object produced by a witness in an official proceeding; or
        (B) providing to a law enforcement officer any information
      relating to the commission or possible commission of a Federal
      offense or a violation of conditions of probation (!1) supervised
      release,,(!1) parole, or release pending judicial proceedings,
    shall be punished as provided in paragraph (2).
      (2) The punishment for an offense under this subsection is -
        (A) in the case of a killing, the punishment provided in
      sections 1111 and 1112; and
        (B) in the case of an attempt, imprisonment for not more than
      20 years.
      (b) Whoever knowingly engages in any conduct and thereby causes
    bodily injury to another person or damages the tangible property of
    another person, or threatens to do so, with intent to retaliate
    against any person for -
        (1) the attendance of a witness or party at an official
      proceeding, or any testimony given or any record, document, or
      other object produced by a witness in an official proceeding; or
        (2) any information relating to the commission or possible
      commission of a Federal offense or a violation of conditions of
      probation (!1) supervised release,,(!1) parole, or release
      pending judicial proceedings given by a person to a law
      enforcement officer;
    or attempts to do so, shall be fined under this title or imprisoned
    not more than ten years, or both.
      (c) If the retaliation occurred because of attendance at or
    testimony in a criminal case, the maximum term of imprisonment
    which may be imposed for the offense under this section shall be
    the higher of that otherwise provided by law or the maximum term
    that could have been imposed for any offense charged in such case.
      (d) There is extraterritorial Federal jurisdiction over an
    offense under this section.
      (e) (!2) Whoever knowingly, with the intent to retaliate, takes
    any action harmful to any person, including interference with the
    lawful employment or livelihood of any person, for providing to a
    law enforcement officer any truthful information relating to the
    commission or possible commission of any Federal offense, shall be
    fined under this title or imprisoned not more than 10 years, or
    both.
      (e) (!2) Whoever conspires to commit any offense under this
    section shall be subject to the same penalties as those prescribed
    for the offense the commission of which was the object of the
    conspiracy.

SOURCE

    (Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1250;
    amended Pub. L. 103-322, title VI, Sec. 60017, title XXXIII, Sec.
    330016(1)(U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L. 104-
    214, Sec. 1(1), Oct. 1, 1996, 110 Stat. 3017; Pub. L. 107-204,
    title XI, Sec. 1107(a), July 30, 2002, 116 Stat. 810; Pub. L. 107-
    273, div. B, title III, Sec. 3001(b), (c)(2), title IV, Sec.
    4002(b)(4), Nov. 2, 2002, 116 Stat. 1804, 1807.)

AMENDMENTS

      2002 - Subsecs. (a)(1)(B), (b)(2). Pub. L. 107-273, Sec.
    3001(c)(2), inserted "supervised release," after "probation".
      Subsec. (d). Pub. L. 107-273, Sec. 4002(b)(4), transferred
    subsec. (d) to appear after subsec. (c).
      Subsec. (e). Pub. L. 107-273, Sec. 3001(b), added subsec. (e)
    relating to conspiracy to commit any offense under this section.
      Pub. L. 107-204 added subsec. (e) relating to taking of action
    harmful to any person for providing law enforcement officer
    truthful information relating to commission of offense.
      1996 - Subsec. (c). Pub. L. 104-214, Sec. 1(1)(B), added subsec.
    (c) at end.
      Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec. (c) as (d).
      Subsec. (d). Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec.
    (c) as (d).
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 60017(2), added subsec.
    (a). Former subsec. (a) redesignated (b).
      Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted
    "fined under this title" for "fined not more than $250,000" in
    concluding provisions.
      Pub. L. 103-322, Sec. 60017(1), redesignated subsec. (a) as (b).
    Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 103-322, Sec. 60017(1), redesignated subsec.
    (b) as (c).
                              EFFECTIVE DATE
      Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97-
    291, set out as a note under section 1512 of this title.

FOOTNOTE

    (!1) So in original.
    (!2) So in original. Two subsecs. (e) have been enacted.