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CROSS REFERENCES Preservation of game and wild birds; duties and powers of Secretary of the Interior; regulations as to hunting, see section 701 et seq. of Title 16, Conservation.

Unlawful transportation or importation of migratory birds, see sections 705 and 707 of Title 16.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 19 section 1527.

(c) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, an advertisement, to sell, purchase, barter, exchange, give, or receive alligator grass or water chestnut plants or water hyacinth plants or the seeds of such grass or plants

Shall be fined not more than $500, or imprisoned not more than six months, or both. (Added Aug. 1, 1956, ch. 825, § 1, 70 Stat. 797.)

[88 43, 44. Repealed. Pub. L. 97-79, 8 9(b)(2), Nov. 16,

1981, 95 Stat. 1079)

Section 43, acts June 25, 1948, ch. 645, 62 Stat. 687; Sept. 2, 1960, Pub. L. 86-702, § 2, 74 Stat. 754; Dec. 5, 1969, Pub. L. 91-135, $ 7(a), 83 Stat. 279, related to transportation of wildlife taken in violation of state, national, or foreign law, the receipt of such wildlife, and the making of false records in relation thereto. See section 3372(a) of Title 16, Conservation.

Section 44, acts June 25, 1948, ch. 645, 62 Stat. 687; Dec. 5, 1969, Pub. L. 91-135, § 8, 83 Stat. 281, related to marking of packages or containers used in the shipment of fish and wildlife. See section 3372(b) of Title 16.

8 47. Use of aircraft or motor vehicles to hunt certain

wild horses or burros; pollution of watering holes (a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be fined not more than $500, or imprisoned not more than six months, or both.

(b) Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be fined not more than $500, or imprisoned not more than six months, or both. (c) As used in subsection (a) of this section

(1) The term “aircraft” means any contrivance used for flight in the air; and

(2) The term “motor vehicle" includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-pro

pelled vehicle designed for running on land. (Added Pub. L. 86-234, § 1(a), Sept. 8, 1959, 73 Stat. 470.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1338a.

8 45. Capturing or killing carrier pigeons

Whoever knowingly traps, captures, shoots, kills, possesses, or detains an Antwerp or homing pigeon, commonly called carrier pigeon, owned by the United States or bearing a band owned and issued by the United States having thereon the letters “U.S.A.” or “U.S.N.” and a serial number, shall be fined not more than $100 or imprisoned not more than six months, or both.

The possession or detention of any such pigeon without giving immediate notice by registered mail to the nearest military or naval authorities, shall be prima facie evidence of a violation of this section. (June 25, 1948, ch. 645, 62 Stat. 688.)

HISTORICAL AND REVISION NOTES Based on sections 111, 112, and 113 of title 50, U.S.C., 1940 ed., War and National Defense (Apr. 19, 1918, ch. 58, $$ 1, 2, 3, 40 Stat. 533).

Section consolidates sections 111, 112, and 113 of title 50, U.S.C., 1940 ed., War and National Defense.

Words “upon conviction” were deleted as surplusage because punishment can only be imposed after conviction. Other changes in phraseology also were made.

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

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8 81. Arson within special maritime and territorial

jurisdiction Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns, or attempts to set fire to or burn any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, shall be fined not more than $1,000 or imprisoned not more than five years, or both.

If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined not more than $5,000 or imprisoned not more than twenty years, or both. (June 25, 1948, ch. 645, 62 Stat. 688.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title.

8 46. Transportation of water hyacinths

(a) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, alligator grass (alternanthera philoxeroides), or water chestnut plants (trapa natans) or water hyacinth plants (eichhornia crassipes) or the seeds of such grass or plants; or

(b) Whoever knowingly sells, purchases, barters, exchanges, gives, or receives any grass, plant, or seed which has been transported in violation of subsection (a); or

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $$ 464, 465 (Mar. 4, 1909, ch. 321, $ $ 285, 286, 35 Stat, 1144).

Sections were consolidated and rewritten both as to form and substance and that part of each section relating to destruction of property by means other than burning constitutes section 1363 of this title.

while engaged in or on account of the performance of official duties; or

(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such per

son's term of service, shall be fined under this title or imprisoned not more than three years, or both.

(b) ENHANCED PENALTY.-Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon, shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 688; Nov. 18, 1988, Pub. L. 100-690, title VI, $ 6487(a), 102 Stat. 4386.)

The words "within the maritime and territorial jurisdiction of the United States” were added to preserve existing limitations of territorial applicability. (See section 7 of this title and note thereunder.)

The phrase "any building, structure, or vessel, any machinery or building materials and supplies, military or naval stores, munitions of war or any structural aids or appliances for navigation or shipping" was substituted for “any dwelling house, or any store, barn, stable, or other building, parcel of a dwelling house", in section 464 of title 18, U.S.C., 1940 ed., and "any arsenal, armory, magazine, rope walk, ship house, warehouse, blockhouse, or barrack, or any storehouse, barn or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any vessel, built, building, or undergoing repair, or any lighthouse, or beacon, or any machinery, timber, cables, rigging, or other materials or appliances for building, repairing or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval or victualing stores, arms, or other munitions of war", in section 465 of title 18, U.S.C., 1940 ed. The substituted phrase is a concise and comprehensive description of the things enumerated in both sections.

The punishment provisions are new and are graduated with some regard to the gravity of the offense. It was felt that a possible punishment of 20 years for burning a wood pile or injuring or destroying an outbuilding was disproportionate and not in harmony with recent legislation.

CROSS REFERENCES Setting fire to railroad tunnels, bridges, etc., see section 1992 of this title.

Special maritime and territorial jurisdiction of the United States defined, see section 7 of this title.

Vessel of foreign or United States registry, see section 2275 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5032 of this title.

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., $$ 118, 254 (Mar. 4, 1909, ch. 321, $ 62, 35 Stat. 1100; May 18, 1934, ch. 299, $ 2, 48 Stat. 781).

This section consolidates sections 118 and 254 with changes in phraseology and substance necessary to effect the consolidation.

Also the words “Bureau of Animal Industry of the Department of Agriculture" appearing in section 118 of title 18, U.S.C., 1940 ed., were inserted in enumeration of Federal officers and employees in section 1114 of this title.

The punishment provision of section 254 of title 18, U.S.C., 1940 ed., was adopted as the latest expression of Congressional intent. This consolidation eliminates a serious incongruity in punishment and application.

CHAPTER 7-ASSAULT

AMENDMENTS 1988–Pub. L. 100-690 amended text generally. Prior to amendment, text read as follows:

“Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of his official duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both.

"Whoever, in the commission of any such acts uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both."

CROSS REFERENCES

Sec. 111. Assaulting, resisting, or impeding certain of

ficers or employees. 112. Protection of foreign officials, official guests,

and internationally protected persons. 113. Assaults within maritime and territorial ju

risdiction. 114. Maiming within maritime and territorial ju

risdiction. 115. Influencing, impeding, or retaliating against

a Federal official by threatening or injuring a family member.

AMENDMENTS 1984–Pub. L. 98-473, title II, $ 1008(b), Oct. 12, 1984, 98 Stat. 2140, added item 115.

1976–Pub. L. 94-467, § 6, Oct. 8, 1976, 90 Stat. 2000, substituted "official guests, and internationally protected persons” for “and official guests" in item 112.

1972–Pub. L. 92-539, title III, § 302, Oct. 24, 1972, 86 Stat. 1073, substituted "Protection of foreign officials and official guests” for “Assaulting certain foreign diplomatic and other official personnel” in item 112.

1964–Pub. L. 88-493, § 2, Aug. 27, 1964, 78 Stat. 610, substituted "certain foreign diplomatic and other official personnel” for “public minister" in item 112.

Bank robbery, assault in committing, see section 2113 of this title. IndiansAssault by Indian in Indian country, see section

1153 of this title. Jurisdiction of offenses by Indians in Indian coun

try, see section 3242 of this title. Mail clerk or custodian, assault on, see section 2114 and 2116 of this title.

Persons authorized to serve or execute warrants or to make searches and seizures, assault on, see section 2231 of this title.

Piracy, assault on commander as, see section 1655 of this title.

Process server, assault on, see section 1501 of this title.

8 111. Assaulting, resisting, or impeding certain offi

cers or employees (a) IN GENERAL.-Whoever

(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 115, 3050 of this title; title 7 sections 84, 87c; title 16 section 7421; title 19 section 1629; title 22 section 2709; title 42 sections 2000e-13, 2283.

the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary, notwithstanding. (June 25, 1948, ch. 645, 62 Stat. 688; Aug. 27, 1964, Pub. L. 88-493, § 1, 78 Stat. 610; Oct. 24, 1972, Pub. L. 92-539, title III, 8 301, 86 Stat. 1072; Oct. 8, 1976, Pub. L. 94-467, § 5, 90 Stat. 1999; Nov. 9, 1977, Pub. L. 95-163, § 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95-504, § 2(b), 92 Stat. 1705; Nov. 18, 1988, Pub. L. 100-690, title VI, $ 6478, 102 Stat. 4381.)

HISTORICAL AND REVISION NOTES Based on section 255 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (R.S. $ 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.

REFERENCES IN TEXT Section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38)), referred to in subsec. (e), is classified to section 1301(38) of Title 49, Appendix, Transportation.

AMENDMENTS

8 112. Protection of foreign officials, official guests,

and internationally protected persons (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 not more than $5,000 or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be fined not more than $10,000 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 not more than $500 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", 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, 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 unde the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38)).

(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

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 of ficial 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".

95-0070 - 89-7 (Vol. 7). QL3

CROSS REFERENCES

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.

SHORT TITLE OF 1976 AMENDMENT Section 1 of Pub. L. 94-467 provided: “That this Act [enacting section 878 of this title, amending sections 11, 112, 970, 1116, and 1201 of this title, and enacting provisions set out as notes under section 112 of this title) may be cited as the 'Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons'."

Actions or proceedings by ambassadors or other public ministers, jurisdiction of Supreme Court, see section 1251 of Title 28, Judiciary and Judicial Procedure.

Alien's action for tort, jurisdiction of district courts, see section 1350 of Title 28.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11, 878 of this title; title 22 section 2709.

8 113. Assaults within maritime and territorial juris

diction

SHORT TITLE OF 1972 AMENDMENT Section 1 of Pub. L. 92-539 provided: “That this Act Cenacting sections 970, 1116, and 1117 of this title, amending sections 112 and 1201 of this title, and enacting provisions set out as notes under section 112 of this title) 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 Amend. ment 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, terri. tory, 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."

Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:

(a) Assault with intent to commit murder, by imprisonment for not more than twenty years.

(b) Assault with intent to commit any felony, except murder or a felony under chapter 109A, by fine of not more than $3,000 or imprisonment for not more than ten years, or both.

(c) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by fine of not more than $1,000 or imprisonment for not more than five years, or both.

(d) Assault by striking, beating, or wounding, by fine of not more than $500 or imprisonment for not more than six months, or both.

(e) Simple assault, by fine of not more than $300 or imprisonment for not more than three months, or both.

(f) Assault resulting in serious bodily injury, by fine of not more than $10,000 or imprisonment for not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 689; May 29, 1976, Pub. L. 94-297, § 3, 90 Stat. 585; Nov. 10, 1986, Pub. L. 99-646, $ 87(c)(2), (3), 100 Stat. 3623; Nov. 14, 1986, Pub. L. 99-654, § 3(a)(2), (3), 100 Stat. 3663.)

HISTORICAL AND REVISION NOTES

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, terri. tory, 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 sections 112 and 1114 of this title, and enacting former section 170e-1 of 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."

Based on title 18, U.S.C., 1940 ed., $ 455 (Mar. 4, 1909, ch. 321, $ 276, 35 Stat. 1143).

Opening paragraph was added to preserve the jurisdictional limitation provided for by section 451 of title 18, U.S.C., 1940 ed., now section 7 of this title. (See reviser's note thereunder.)

Phraseology was simplified.

AMENDMENTS 1986–Subsec. (a). Pub. L. 99-646, $ 87(c)(2), and Pub. L. 99-654, $ 3(a)(2), amended subsec. (a) identically, striking out “or rape" after "murder".

Subsec. (b). Pub. L. 99-646, $ 87(c)(3), and Pub. L. 99-654, § 3(a)(3), amended subsec. (b) identically, substituting "a felony under chapter 109A” for “rape".

1976–Subsec. (f), Pub. L. 94-297 added subsec. (f).

EFFECTIVE DATE OF 1986 AMENDMENTS Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective respectively 30 days after Nov. 10, 1986, and 30 days after Nov, 14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654, set out as an Effective Date note under section 2241 of this title.

CROSS REFERENCES Actions aboard aircraft in flight in violation of this section punishable as provided herein, see section 1472 of Title 49, Appendix, Transportation.

Attempt to commit murder or manslaughter, see section 1113 of this title.

Wire or oral communications authorization for interception, to provide evidence of murder, see section 2516 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1113 of this title; title 49 App. section 1472.

8 114. Maiming within maritime and territorial juris

diction Whoever, within the special maritime and territorial jurisdiction of the United States, and with intent to maim or disfigure, cuts, bites, or slits the nose, ear, or lip, or cuts out or disables the tongue, or puts out or destroys an eye, or cuts off or disables a limb or any member of another person; or

Whoever, within the special maritime and territorial jurisdiction of the United States, and with like intent, throws or pours upon another person, any scalding water, corrosive acid, or caustic substance

Shall be fined not more than $25,000 and 1 imprisoned not more than twenty years, or both. (June 25, 1948, ch. 645, 62 Stat. 689; May 24, 1949, ch. 139, $3, 63 Stat. 90; Oct. 12, 1984, Pub. L. 98-473, title II, $ 1009A, 98 Stat. 2141.) HISTORICAL AND REVISION NOTES

1948 Act Based on title 18, U.S.C., 1940 ed., $ 462 (Mar. 4, 1909, ch. 321, $ 283, 35 Stat. 1144).

The words "within the special maritime and territorial jurisdiction of the United States, and” were added to preserve jurisdictional limitation provided for by section 451 of title 18, U.S.C., 1940 ed., now section 7 of this title. (See reviser's note thereunder.) Changes in phraseology were made.

1949 ACT This section (section 3] corrects a typographical error in section 114 of title 18, U.S.C.

AMENDMENTS 1984-Pub. L. 98-473 substituted "and imprisoned" for “or imprisoned” and provisions raising maximum fine from $1,000 to $25,000 and raising maximum term of imprisonment from seven years to twenty years.

1949-Act May 24, 1949, corrected spelling of "maim".

CROSS REFERENCES Actions aboard aircraft in flight in violation of this section punishable as provided herein, see section 1472 of Title 49, Appendix, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 App. section 1472.

(A) assaults, kidnaps, or murders, or attempts to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under section 1114 of this title; or

(B) threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime

under such section, with intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties, shall be punished as provided in subsection (b).

(2) Whoever assaults, kidnaps, or murders, or attempts to kidnap or murder a member of the immediate family of any person who formerly served as a person designated in paragraph (1), with intent to retaliate against such person on account of the performance of official duties during the term of service of such person, shall be punished as provided in subsection (b).

(b)(1) An assault in violation of this section shall be punished as provided in section 111 of this title.

(2) A kidnaping or attempted kidnaping in violation of this section shall be punished as provided in section 1201 of this title for the kidnapping or attempted kidnapping of a person described in section 1201(a)(5) of this title.

(3) A murder or attempted murder in violation of this section shall be punished as provided in sections 1111 and 1113 of this title.

(4) A threat made in violation of this section shall be punished by a fine of not more than $5,000 or imprisonment for a term of not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years. (c) As used in this section, the term

(1) "Federal law enforcement officer" means any officer, agent, or employee of the United States authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law;

(2) "immediate family member" of an individual means

(A) his spouse, parent, brother or sister, child or person to whom he stands in loco parentis; or

(B) any other person living in his household and related to him by blood or marriage;

(3) “United States judge" means any judicial officer of the United States, and includes a justice of the Supreme Court and a United States magistrate; and

(4) “United States official" means the President, President-elect, Vice President, Vice President-elect, a Member of Congress, a

$ 115. Influencing, impeding, or retaliating against a

Federal official by threatening or injuring a

family member (a)(1) Whoever

So in original. Probably should be "or".

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