§ 351. — Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC351]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 18--CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION,
KIDNAPPING, AND ASSAULT
Sec. 351. Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault; penalties
(a) Whoever kills any individual who is a Member of Congress or a
Member-of-Congress-elect, a member of the executive branch of the
Government who is the head, or a person nominated to be head during the
pendency of such nomination, of a department listed in section 101 of
title 5 or the second ranking official in such department, the Director
(or a person nominated to be Director during the pendency of such
nomination) or Deputy Director of Central Intelligence, a major
Presidential or Vice Presidential candidate (as defined in section 3056
of this title), or a Justice of the United States, as defined in section
451 of title 28, or a person nominated to be a Justice of the United
States, during the pendency of such nomination, shall be punished as
provided by sections 1111 and 1112 of this title.
(b) Whoever kidnaps any individual designated in subsection (a) of
this section shall be punished (1) by imprisonment for any term of years
or for life, or (2) by death or imprisonment for any term of years or
for life, if death results to such individual.
(c) Whoever attempts to kill or kidnap any individual designated in
subsection (a) of this section shall be punished by imprisonment for any
term of years or for life.
(d) If two or more persons conspire to kill or kidnap any individual
designated in subsection (a) of this section and one or more of such
persons do any act to effect the object of the conspiracy, each shall be
punished (1) by imprisonment for any term of years or for life, or (2)
by death or imprisonment for any term of years or for life, if death
results to such individual.
(e) Whoever assaults any person designated in subsection (a) of this
section shall be fined under this title, or imprisoned not more than one
year, or both; and if the assault involved the use of a dangerous
weapon, or personal injury results, shall be fined under this title, or
imprisoned not more than ten years, or both.
(f) If Federal investigative or prosecutive jurisdiction is asserted
for a violation of this section, such assertion shall suspend the
exercise of jurisdiction by a State or local authority, under any
applicable State or local law, until Federal action is terminated.
(g) Violations of this section shall be investigated by the Federal
Bureau of Investigation. Assistance may be requested from any Federal,
State, or local agency, including the Army, Navy, and Air Force, any
statute, rule, or regulation to the contrary notwithstanding.
(h) In a prosecution for an offense under this section the
Government need not prove that the defendant knew that the victim of the
offense was an individual protected by this section.
(i) There is extraterritorial jurisdiction over the conduct
prohibited by this section.
(Added Pub. L. 91-644, title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891;
amended Pub. L. 97-285, Secs. 1, 2(a), Oct. 6, 1982, 96 Stat. 1219; Pub.
L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100-690,
title VII, Sec. 7074, Nov. 18, 1988, 102 Stat. 4405; Pub. L. 103-322,
title XXXII, Sec. 320101(d), title XXXIII, Secs. 330016(1)(K), (L),
330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150; Pub. L. 104-294,
title VI, Sec. 604(b)(12)(C), (c)(2), Oct. 11, 1996, 110 Stat. 3507,
3509.)
Amendments
1996--Subsec. (e). Pub. L. 104-294, Sec. 604(c)(2), substituted
``involved the use'' for ``involved in the use''.
Pub. L. 104-294, Sec. 604(b)(12)(C), repealed Pub. L. 103-322,
Sec. 320101(d)(3). See 1994 Amendment note below.
1994--Pub. L. 103-322, Sec. 330021(1), substituted ``kidnapping''
for ``kidnaping'' in section catchline.
Subsec. (e). Pub. L. 103-322, Sec. 330016(1)(L), substituted ``shall
be fined under this title'' for ``shall be fined not more than $10,000''
after ``personal injury results,''.
Pub. L. 103-322, Sec. 320101(d)(4), substituted ``imprisoned not
more than ten years'' for ``imprisoned for not more than ten years''.
Pub. L. 103-322, Sec. 320101(d)(3), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was repealed by
Pub. L. 104-294, Sec. 604(b)(12)(C).
Pub. L. 103-322, Sec. 320101(d)(2), inserted ``the assault involved
in the use of a dangerous weapon, or'' after ``and if''.
Pub. L. 103-322, Secs. 320101(d)(1), 330016(1)(K), amended subsec.
(e) identically, substituting ``shall be fined under this title'' for
``shall be fined not more than $5,000'' after ``subsection (a) of this
section''.
1988--Subsec. (a). Pub. L. 100-690 inserted a comma after ``section
3056 of this title)''.
1986--Subsec. (a). Pub. L. 99-646, Sec. 62(1), inserted ``a major
Presidential or Vice Presidential candidate (as defined in section 3056
of this title)''.
Subsec. (h). Pub. L. 99-646, Sec. 62(2), substituted ``individual''
for ``official''.
1982--Pub. L. 97-285, Sec. 2(a), substituted ``Congressional,
Cabinet, and Supreme Court assassination, kidnaping, and assault;
penalties'' for ``Congressional assassination, kidnaping, and assault''
in section catchline.
Subsec. (a). Pub. L. 97-285, Sec. 1(a), expanded coverage of subsec.
(a) to cover the killing of any individual who is a member of the
executive branch of the Government and the head, or a person nominated
to be head during the pendency of such nomination, of a department
listed in section 101 of title 5 or the second ranking official in such
department, the Director (or a person nominated to be Director during
the pendency of such nomination) or Deputy Director of Central
Intelligence, or a Justice of the United States, as defined in section
451 of title 28, or a person nominated to be a Justice of the United
States, during the pendency of such nomination.
Subsecs. (h), (i). Pub. L. 97-285, Sec. 1(b), added subsecs. (h) and
(i).
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.
Report to Member of Congress on Investigation Conducted Subsequent to
Threat on Member's Life
Pub. L. 95-624, Sec. 19, Nov. 9, 1978, 92 Stat. 3466, provided that:
``The Federal Bureau of Investigation shall provide a written report to
a Member of Congress on any investigation conducted based on a threat on
the Member's life under section 351 of title 18 of the United States
Code.''
Section Referred to in Other Sections
This section is referred to in sections 209, 1956, 2332b, 2339A,
2516, 3286, 3592 of this title; title 5 section 8112.
