fluences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress Shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 770; Sept. 19, 1962, Pub. L. 87-664, § 6(a), 76 Stat. 551; Oct. 15, 1970, Pub. L. 91-452, title IX, § 903, 84 Stat. 947; Sept. 30, 1976, Pub. L. 94-435, title I, § 105, 90 Stat. 1389; Oct. 12, 1982, Pub. L. 97-291, § 4(d), 96 Stat. 1253.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 241a, (Mar. 4, 1909, ch. 321, § 135a, as added Jan. 13, 1940, ch. 1, 54 Stat. 13; June 8, 1945, ch. 178, § 2, 59 Stat. 234). Word "agency" was substituted for the words "independent establishment, board, commission" in two instances to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title.) Minor changes were made in phraseology. REFERENCES IN TEXT The Antitrust Civil Process Act, referred to in text, is Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which is classified generally to chapter 34 (§ 1311 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables. AMENDMENTS 1982-Pub. L. 97-291 struck out first two paragraphs which provided, respectively, that whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavored to influence, intimidate, or impede any witness in any proceeding pending before any department or agency of the United States, or in connection with any inquiry or investigation being had by either House, or any committee of either House, or any joint committee of the Congress, and whoever injured any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein, would be subject to the penalty set forth in the last paragraph, and in the fourth paragraph substituted "any pending" for "such" after "law under which", and substituted "any" for "such" before "department" and before "inquiry". 1976-Pub. L. 94-435 struck out "section 1968 of this title" after "Antitrust Civil Process Act", inserted "withholds, misrepresents" after "willfully", "covers up" after "conceals", "answers to written interrogatories, or oral testimony", after "any documentary material", and "or attempts to do so or solicits another to do so;" after "such demand". 1970-Pub. L. 91-452 inserted reference to section 1968 of this title. 1962-Pub. L. 87-664 substituted section catchline "Obstruction of proceedings before departments, agencies, and committees" for "Influencing or injuring witness before agencies and committees" and punished the willful removal, concealment, destruction, mutilation, alteration or falsification of documents which were the subject of a demand under the Antitrust Civil Process Act if done with the intent to prevent compliance with a civil investigative demand. EFFECTIVE DATE of 1982 AMENDMENT Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97-291, set out as an Effective Date note under section 1512 of this title. EFFECTIVE Date of 1976 AMENDMENT Amendment by Pub. L. 94-435 as effective on Sept. 30, 1976, see section 106 of Pub. L. 94-435, set out as a note under section 1311 of Title 15, Commerce and Trade. CROSS REFERENCES Bribery of public officials or witnesses, see section 201 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 201 of this title; title 12 section 1457; title 29 section 1111. § 1506. Theft or alteration of record or process; false bail Whoever feloniously steals, takes away, alters, falsifies, or otherwise avoids any record, writ, process, or other proceeding, in any court of the United States, whereby any judgment is reversed, made void, or does not take effect; or Whoever acknowledges, or procures to be acknowledged in any such court, any recognizance, bail, or judgment, in the name of any other person not privy or consenting to the same Shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 770.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 233 (Mar. 4, 1909, ch. 321, § 127, 35 Stat. 1111). The term of imprisonment was reduced from 7 to 5 years, to conform the punishment with like ones for similar offenses. (See section 1503 of this title.) Minor changes were made in phraseology. CROSS REFERENCES Concealment, removal or destruction of records, see section 2071 of this title. Embezzlement or theft of records, generally, see section 641 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 section 1111. § 1507. Picketing or parading Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined not more than $5,000 or imprisoned not more than one year, or both. Nothing in this section shall interfere with or prevent the exercise by any court of the United States of its power to punish for contempt. (Added Sept. 23, 1950, ch. 1024, title I, § 31(a), 64 Stat. 1018.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 sections 782, 795. § 1508. Recording, listening to, or observing proceedings of grand or petit juries while deliberating or voting Whoever knowingly and willfully, by any means or device whatsoever (a) records, or attempts to record, the proceedings of any grand or petit jury in any court of the United States while such jury is deliberating or voting; or (b) listens to or observes, or attempts to listen to or observe, the proceedings of any grand or petit jury of which he is not a member in any court of the United States while such jury is deliberating or voting— shall be fined not more than $1,000 or imprisoned not more than one year, or both. Nothing in paragraph (a) of this section shall be construed to prohibit the taking of notes by a grand or petit juror in any court of the United States in connection with and solely for the purpose of assisting him in the performance of his duties as such juror. (Added Aug. 2, 1956, ch. 879, § 1, 70 Stat. 935.) CROSS REFERENCES Minor offenses tried by United States magistrates as excluding offenses punishable under this section, see section 3401 of this title. § 1509. Obstruction of court orders Whoever, by threats or force, willfully prevents, obstructs, impedes, or interferes with, or willfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both. No injunctive or other civil relief against the conduct made criminal by this section shall be denied on the ground that such conduct is a crime. (Added Pub. L. 86-449, title I, § 101, May 6, 1960, 74 Stat. 86.) CROSS REFERENCES Minor offenses tried by United States magistrates as excluding offenses punishable under this section, see section 3401 of this title. § 1510. Obstruction of criminal investigations (a) Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined not more than $5,000, or imprisoned not more than five years, or both. (b) As used in this section, the term "criminal investigator" means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States. (Added Pub. L. 90-123, § 1(a), Nov. 3, 1967, 81 Stat. 362, and amended Pub. L. 97-291, § 4(e), Oct. 12, 1982, 96 Stat. 1253.) AMENDMENTS 1982-Subsec. (a). Pub. L. 97-291 struck out ", misrepresentation, intimidation, or force or threats thereof" after "bribery", and struck out provision applying the penalties provided by this subsection to whoever injured any person in his person or property on account of the giving by such person or any other person of any information relating to a violation of any criminal statute of the United States to any criminal investigator. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97-291, set out as an Effective Date note under section 1512 of this title. CROSS REFERENCES Wire or oral communications, authorization for interception, to provide evidence of offenses under this section, see section 2516 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1961, 2516, 3142 of this title; title 29 section 1111. § 1511. Obstruction of State or local law enforcement (a) It shall be unlawful for two or more persons to conspire to obstruct the enforcement of the criminal laws of a State or political subdivision thereof, with the intent to facilitate an illegal gambling business if— (1) one or more of such persons does any act to effect the object of such a conspiracy; (2) one or more of such persons is an official or employee, elected, appointed, or otherwise, of such State or political subdivision; and (3) one or more of such persons conducts finances, manages, supervises, directs, or owns all or part of an illegal gambling business. (b) As used in this section (1) "illegal gambling business" means a gambling business which (i) is a violation of the law of a State or political subdivision in which it is conducted; (ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and (iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day. (2) "gambling" includes but is not limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels, or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein. (3) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (c) This section shall not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section Section 811 of title VIII of Pub. L. 91-452 provided that: "No provision of this title [enacting this section and section 1955 of this title, amending section 2516 of this title and enacting provisions set out as notes under this section and section 1955 of this title] indicates an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of a state or possession, or a political subdivision of a State or possession, on the same subject matter, or to relieve any person of any obligation imposed by any law of any State or possession, or political subdivision of a State or possession." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1961, 2516 of this title. § 1512. Tampering with a witness, victim, or an informant (a)(1) Whoever kills or attempts to kill another person, with intent to (A) prevent the attendance or testimony of any person in an official proceeding; (B) prevent the production of a record, document, or other object, in an official proceeding; or (C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, 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 of this title; and (B) in the case of an attempt, imprisonment for not more than twenty years. (b) Whoever knowingly uses intimidation or physical force, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to (1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be fined not more than $250,000 or imprisoned not more than ten years, or both. (c) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from (1) attending or testifying in an official proceeding; (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; (3) arresting or seeking the arrest of another person in connection with a Federal offense; or (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined not more than $25,000 or imprisoned not more than one year, or both. (d) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage, induce, or cause the other person to testify truthfully. (e) For the purposes of this section— (1) an official proceeding need not be pending or about to be instituted at the time of the offense; and (2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege. (f) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance (1) that the official proceeding before a judge, court, magistrate, grand jury, or government agency is before a judge or court of the United States, a United States magistrate, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant. (g) There is extraterritorial Federal jurisdiction over an offense under this section. (h) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred. (Added Pub. L. 97-291, § 4(a), Oct. 12, 1982, 96 Stat. 1249, and amended Pub. L. 99-646, § 61, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100-690, title VII, § 7029(a), (c), Nov. 18, 1988, 102 Stat. 4397, 4398.) AMENDMENTS 1988-Subsec. (b). Pub. L. 100-690, § 7029(c), substituted "threatens, or corruptly persuades" for "or threatens". Subsec. (h). Pub. L. 100-690, § 7029(a), added subsec. (h). 1986-Subsec. (a). Pub. L. 99-646, § 61(2), (3), added subsec. (a) and redesignated former subsec. (a) as (b). Subsecs. (b) to (g). Pub. L. 99-646, § 61(1), (3), redesignated former subsec. (a) as (b), inserted ", delay, or prevent", and redesignated former subsecs. (b) to (f) as (c) to (g), respectively. EFFECTIVE DATE Section 9 of Pub. L. 97-291 provided that: "(a) Except as provided in subsection (b), this Act and the amendments made by this Act [enacting sections 1512 to 1515, 3579, and 3580 of this title, amending sections 1503, 1505, 1510, and 3146 of this title and Rule 32 of the Federal Rules of Criminal Procedure, and enacting provisions set out as notes under sections 1501, 1512, and 3579 of this title] shall take effect on the date of the enactment of this Act [Oct. 12, 1982). "(b)(1) The amendment made by section 2 of this Act [enacting provisions set out as a note under this section] shall apply to presentence reports ordered to be made on or after March 1, 1983. "(2) The amendments made by section 5 of this Act [enacting sections 3579 and 3580 of this title] shall apply with respect to offenses occurring on or after January 1, 1983." CONGRESSIONAL FINDINGS AND DECLARATION OF Section 2 of Pub. L. 97-291 provided that: "(1) Without the cooperation of victims and witnesses, the criminal justice system would cease to function; yet with few exceptions these individuals are either ignored by the criminal justice system or simply used as tools to identify and punish offend ers. "(2) All too often the victim of a serious crime is forced to suffer physical, psychological, or financial hardship first as a result of the criminal act and then as a result of contact with a criminal justice system unresponsive to the real needs of such victim. "(3) Although the majority of serious crimes falls under the jurisdiction of State and local law enforcement agencies, the Federal Government, and in particular the Attorney General, has an important leadership role to assume in ensuring that victims of crime, whether at the Federal, State, or local level, are given proper treatment by agencies administering the criminal justice system. "(4) Under current law, law enforcement agencies must have cooperation from a victim of crime and yet neither the agencies nor the legal system can offer adequate protection or assistance when the victim, as a result of such cooperation, is threatened or intimidated. "(5) While the defendant is provided with counsel who can explain both the criminal justice process and the rights of the defendant, the victim or witness has no counterpart and is usually not even notified when the defendant is released on bail, the case is dismissed, a plea to a lesser charge is accepted, or a court date is changed. "(6) The victim and witness who cooperate with the prosecutor often find that the transportation, parking facilities, and child care services at the court are unsatisfactory and they must often share the pretrial waiting room with the defendant or his family and friends. "(7) The victim may lose valuable property to a criminal only to lose it again for long periods of time to Federal law enforcement officials, until the trial and sometimes and [sic] appeals are over; many times that property is damaged or lost, which is particularly stressful for the elderly or poor. "(b) The Congress declares that the purposes of this Act [see Short Title of 1982 Amendment note set out under section 1501 of this title] are "(1) to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process; "(2) to ensure that the Federal Government does all that is possible within limits of available resources to assist victims and witnesses of crime without infringing on the constitutional rights of the defendant; and "(3) to provide a model for legislation for State and local governments." FEDERAL GUIDELINES FOR TREATMENT OF CRIME VIC- Section 6 of Pub. L. 97-291, as amended by Pub. L. 98-473, title II, § 1408(b), Oct. 12, 1984, 98 Stat. 2177, provided that: "(a) Within two hundred and seventy days after the date of enactment of this Act [Oct. 12, 1982], the Attorney General shall develop and implement guidelines for the Department of Justice consistent with the purposes of this Act [see Short Title of 1982 Amendment note set out under section 1501 of this title]. In preparing the guidelines the Attorney General shall consider the following objectives: "(1) SERVICES TO VICTIMS OF CRIME.-Law enforcement personnel should ensure that victims routinely receive emergency social and medical services as soon as possible and are given information on the following “(A) availability of crime victim compensation (where applicable); "(B) community-based victim treatment programs; "(C) the role of the victim in the criminal justice process, including what they can expect from the system as well as what the system expects from them; and "(D) stages in the criminal justice process of significance to a crime victim, and the manner in which information about such stages can be obtained. "(2) NOTIFICATION OF AVAILABILITY OF PROTECTION.— A victim or witness should routinely receive information on steps that law enforcement officers and attorneys for the Government can take to protect victims and witnesses from intimidation. "(3) SCHEDULING CHANGES.-All victims and witnesses who have been scheduled to attend criminal justice proceedings should either be notified as soon as possible of any scheduling changes which will affect their appearances or have available a system for alerting witnesses promptly by telephone or otherwise. "(4) PROMPT NOTIFICATION TO VICTIMS OF SERIOUS CRIMES.-Victims, witnesses, relatives of those victims and witnesses who are minors, and relatives of homicide victims should, if such persons provide the appropriate official with a current address and telephone number, receive prompt advance notification, if possible, of— "(A) the arrest of an accused; "(B) the initial appearance of an accused before a judicial officer; "(C) the release of the accused pending judicial proceedings; and "(D) proceedings in the prosecution and punishment of the accused (including entry of a plea of guilty, trial, sentencing, and, where a term of imprisonment is imposed, a hearing to determine a parole release date and the release of the accused from such imprisonment). "(5) CONSULTATION WITH VICTIM.-The victim of a serious crime, or in the case of a minor child or a homicide, the family of the victim, should be consulted by the attorney for the Government in order to obtain the views of the victim or family about the disposition of any Federal criminal case brought as a result of such crime, including the views of the victim or family about "(A) dismissal; "(B) release of the accused pending judicial proceedings; "(C) plea negotiations; and "(D) pretrial diversion program. "(6) SEPARATE WAITING AREA.-Victims and other prosecution witnesses should be provided prior to court appearance a waiting area that is separate from all other witnesses. "(7) PROPERTY RETURN.-Law enforcement agencies and prosecutor should promptly return victim's property held for evidentiary purposes unless there is a compelling law enforcement reason for retaining it. "(8) NOTIFICATION TO EMPLOYER.-A victim or witness who so requests should be assisted by law enforcement agencies and attorneys for the Government in informing employers that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of that victim or witness from work. A victim or witness who, as a direct result of a crime or of cooperation with law enforcement agencies or attorneys for the Government, is subjected to serious financial strain, should be assisted by such agencies and attorneys in explaining to creditors the reason for such serious financial strain. "(9) TRAINING BY FEDERAL LAW ENFORCEMENT TRAINING FACILITIES.-Victim assistance education and training should be offered to persons taking courses at Federal law enforcement training facilities and attorneys for the Government so that victims may be promptly, properly, and completely assisted. "(10) GENERAL VICTIM ASSISTANCE.-The guidelines should also ensure that any other important assistance to victims and witnesses, such as the adoption of transportation, parking, and translator services for victims in court be provided. "(b) Nothing in this title shall be construed as creating a cause of action against the United States. "(c) The Attorney General shall assure that all Federal law enforcement agencies outside of the Department of Justice adopt guidelines consistent with subsection (a) of this section." [Amendment of this note by Pub. L. 98-473, effective 30 days after Oct. 12, 1984, see section 1409(a) of Pub. L. 98-473, set out as an Effective Date note under section 10601 of Title 42, The Public Health and Welfare.] SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1514, 1515, 1961, 2516, 3142 of this title. § 1513. Retaliating against a witness, victim, or an informant (a) 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, parole, or release pending judicial proceedings given by a person to a law enforcement officer; or attempts to do so, shall be fined not more than $250,000 or imprisoned not more than ten years, or both. (b) There is extraterritorial Federal jurisdiction over an offense under this section. (Added Pub. L. 97-291, § 4(a), Oct. 12, 1982, 96 Stat. 1250.) 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1514, 1515, 1961, 2516, 3142 of this title. § 1514. Civil action to restrain harassment of a victim or witness (a)(1) A United States district court, upon application of the attorney for the Government, shall issue a temporary restraining order prohibiting harassment of a victim or witness in a Federal criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to believe that harassment of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and restrain an offense under section 1512 of this title, other than an offense consisting of misleading conduct, or under section 1513 of this title. (2)(A) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party's attorney in a civil action under this section if |