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§ 871. —  Threats against President and successors to the Presidency.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC871]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                    CHAPTER 41--EXTORTION AND THREATS
 
Sec. 871. Threats against President and successors to the 
        Presidency
        
    (a) Whoever knowingly and willfully deposits for conveyance in the 
mail or for a delivery from any post office or by any letter carrier any 
letter, paper, writing, print, missive, or document containing any 
threat to take the life of, to kidnap, or to inflict bodily harm upon 
the President of the United States, the President-elect, the Vice 
President or other officer next in the order of succession to the office 
of President of the United States, or the Vice President-elect, or 
knowingly and willfully otherwise makes any such threat against the 
President, President-elect, Vice President or other officer next in the 
order of succession to the office of President, or Vice President-elect, 
shall be fined under this title or imprisoned not more than five years, 
or both.
    (b) The terms ``President-elect'' and ``Vice President-elect'' as 
used in this section shall mean such persons as are the apparent 
successful candidates for the offices of President and Vice President, 
respectively, as ascertained from the results of the general elections 
held to determine the electors of President and Vice President in 
accordance with title 3, United States Code, sections 1 and 2. The 
phrase ``other officer next in the order of succession to the office of 
President'' as used in this section shall mean the person next in the 
order of succession to act as President in accordance with title 3, 
United States Code, sections 19 and 20.

(June 25, 1948, ch. 645, 62 Stat. 740; June 1, 1955, ch. 115, Sec. 1, 69 
Stat. 80; Pub. L. 87-829, Sec. 1, Oct. 15, 1962, 76 Stat. 956; Pub. L. 
97-297, Sec. 2, Oct. 12, 1982, 96 Stat. 1318; Pub. L. 103-322, title 
XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)


                      Historical and Revision Notes

    Based on title 18, U.S.C., 1940 ed., Sec. 89 (Feb. 14, 1917, ch. 64, 
39 Stat. 919).
    Reference to persons causing or procuring was omitted as unnecessary 
in view of definition of ``principal'' in section 2 of this title.
    Minor changes were made in phraseology.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-322 substituted ``fined under this 
title'' for ``fined not more than $1,000''.
    1982--Subsec. (a). Pub. L. 97-297 inserted ``, to kidnap,'' after 
``containing any threat to take the life of''.
    1962--Pub. L. 87-829 designated existing provisions as subsec. (a), 
extended the provisions of such subsection to include any other officer 
next on the order of succession to the office of President and the Vice-
President-elect, added subsec. (b), and substituted ``and successors to 
the Presidency'' for ``, President-elect, and Vice President'' in 
section catchline.
    1955--Act June 1, 1955, included in section catchline and in text, 
provision for penalties for threats against the President-elect and the 
Vice President.


                      Short Title of 2000 Amendment

    Pub. L. 106-544, Sec. 1, Dec. 19, 2000, 114 Stat. 2715, provided 
that: ``This Act [amending sections 879, 3056 and 3486 of this title, 
repealing section 3486A of this title, and enacting provisions set out 
as notes under section 3056 of this title, section 551 of Title 5, 
Government Organization and Employees, and section 566 of Title 28, 
Judiciary and Judicial Procedure] may be cited as the `Presidential 
Threat Protection Act of 2000'.''

                  Section Referred to in Other Sections

    This section is referred to in sections 115, 879, 3056, 3486, 4247 
of this title; title 8 section 1227.



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