§ 111. — Assaulting, resisting, or impeding certain officers or employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC111]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 7--ASSAULT
Sec. 111. Assaulting, resisting, or impeding certain officers 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 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 person's term of service,
shall, where the acts in violation of this section constitute only
simple assault, be fined under this title or imprisoned not more than
one year, or both, and in all other cases, be fined under this title or
imprisoned not more than 8 years, or both.
(b) Enhanced Penalty.--Whoever, in the commission of any acts
described in subsection (a), uses a deadly or dangerous weapon
(including a weapon intended to cause death or danger but that fails to
do so by reason of a defective component) or inflicts bodily injury,
shall be fined under this title or imprisoned not more than 20 years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 100-690, title VI,
Sec. 6487(a), Nov. 18, 1988, 102 Stat. 4386; Pub. L. 103-322, title
XXXII, Sec. 320101(a), Sept. 13, 1994, 108 Stat. 2108; Pub. L. 104-132,
title VII, Sec. 727(c), Apr. 24, 1996, 110 Stat. 1302; Pub. L. 107-273,
div. C, title I, Sec. 11008(b), Nov. 2, 2002, 116 Stat. 1818.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 118, 254 (Mar. 4, 1909,
ch. 321, Sec. 62, 35 Stat. 1100; May 18, 1934, ch. 299, Sec. 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.
Amendments
2002--Subsec. (a). Pub. L. 107-273, Sec. 11008(b)(1), substituted
``8'' for ``three'' in concluding provisions.
Subsec. (b). Pub. L. 107-273, Sec. 11008(b)(2), substituted ``20''
for ``ten''.
1996--Subsec. (b). Pub. L. 104-132 inserted ``(including a weapon
intended to cause death or danger but that fails to do so by reason of a
defective component)'' after ``deadly or dangerous weapon''.
1994--Subsec. (a). Pub. L. 103-322, Sec. 320101(a)(1), inserted ``,
where the acts in violation of this section constitute only simple
assault, be fined under this title or imprisoned not more than one year,
or both, and in all other cases,'' after ``shall'' in concluding
provisions.
Subsec. (b). Pub. L. 103-322, Sec. 320101(a)(2), inserted ``or
inflicts bodily injury'' after ``weapon''.
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.''
Short Title of 2002 Amendment
Pub. L. 107-273, div. C, title I, Sec. 11008(a), Nov. 2, 2002, 116
Stat. 1818, provided that: ``This section [amending this section,
sections 115 and 876 of this title, and provisions set out as a note
under section 994 of Title 28, Judiciary and Judicial Procedure] may be
cited as the `Federal Judiciary Protection Act of 2002'.''
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 742l; title 19 section 1629;
title 25 section 2804; title 42 sections 2000e-13, 2283.
