§ 112. — Protection of foreign officials, official guests, and internationally protected persons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC112]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 7--ASSAULT
Sec. 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 under this title or imprisoned not more than three years, or both.
Whoever in the commission of any such act uses a deadly or dangerous
weapon, or inflicts bodily injury, shall be fined under this title 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 under this title 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'', ``national of the United States'', 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 outside the United States, the United
States may exercise jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender is
afterwards found in the United States. As used in this subsection, the
United States includes all areas under the jurisdiction of the United
States including any of the places within the provisions of sections 5
and 7 of this title and section 46501(2) of title 49.
(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 the Army, Navy, and Air Force, any statute,
rule, or regulation to the contrary, notwithstanding.
(June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 88-493, Sec. 1, Aug. 27,
1964, 78 Stat. 610; Pub. L. 92-539, title III, Sec. 301, Oct. 24, 1972,
86 Stat. 1072; Pub. L. 94-467, Sec. 5, Oct. 8, 1976, 90 Stat. 1999; Pub.
L. 95-163, Sec. 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95-504,
Sec. 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 100-690, title VI,
Sec. 6478, Nov. 18, 1988, 102 Stat. 4381; Pub. L. 103-272, Sec. 5(e)(2),
July 5, 1994, 108 Stat. 1373; Pub. L. 103-322, title XXXII,
Sec. 320101(b), title XXXIII, Sec. 330016(1)(G), (K), Sept. 13, 1994,
108 Stat. 2108, 2147; Pub. L. 104-132, title VII, Sec. 721(d), Apr. 24,
1996, 110 Stat. 1298; Pub. L. 104-294, title VI, Sec. 604(b)(12)(A),
Oct. 11, 1996, 110 Stat. 3507.)
Historical and Revision Notes
Based on section 255 of title 22, U.S.C., 1940 ed., Foreign
Relations and Intercourse (R.S. Sec. 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.
Amendments
1996--Subsec. (a). Pub. L. 104-294 repealed Pub. L. 103-322,
Sec. 320101(b)(1). See 1994 Amendment note below.
Subsec. (c). Pub. L. 104-132, Sec. 721(d)(1), inserted `` `national
of the United States','' before ``and `official guest' ''.
Subsec. (e). Pub. L. 104-132, Sec. 721(d)(2), inserted first
sentence and struck out former first sentence which read as follows:
``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.''
1994--Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(K), substituted
``under this title'' for ``not more than $5,000'' before ``or imprisoned
not more than three years''.
Pub. L. 103-322, Sec. 320101(b)(2), (3), inserted ``, or inflicts
bodily injury,'' after ``weapon'' and substituted ``under this title''
for ``not more than $10,000'' before ``or imprisoned not more than ten
years''.
Pub. L. 103-322, Sec. 320101(b)(1), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(K), above, was repealed by
Pub. L. 104-294, Sec. 604(b)(12)(A).
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(G), in concluding
provisions, substituted ``under this title'' for ``not more than $500''.
Subsec. (e). Pub. L. 103-272 substituted ``section 46501(2) of title
49'' for ``section 101(38) of the Federal Aviation Act of 1958, as
amended (49 U.S.C. 1301(38))''.
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 official 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''.
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.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
Short Title of 1976 Amendment
Section 1 of Pub. L. 94-467 provided: ``That this Act [enacting
section 878 of this title, amending this section and sections 11, 970,
1116, and 1201 of this title, and enacting provisions set out as notes
under this section] may be cited as the `Act for the Prevention and
Punishment of Crimes Against Internationally Protected Persons'.''
Short Title of 1972 Amendment
Section 1 of Pub. L. 92-539 provided: ``That this Act [enacting
sections 970, 1116, and 1117 of this title, amending this section and
section 1201 of this title, and enacting provisions set out as notes
under this section] 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 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, territory,
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.''
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, territory,
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 this section and section 1114 of this title, and
enacting section 170e-1 of former 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.''
Section Referred to in Other Sections
This section is referred to in sections 11, 878, 3286 of this title.
