§ 1513. — Retaliating against a witness, victim, or an informant.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1513]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 73--OBSTRUCTION OF JUSTICE
Sec. 1513. Retaliating against a witness, victim, or an
informant
(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,
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\1\ So in original.
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.
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\2\ So in original. Two subsecs. (e) have been enacted.
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(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.
(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.
Section Referred to in Other Sections
This section is referred to in sections 1514, 1515, 1961, 2516, 3142
of this title.
