CHAPTER 84—PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION, KIDNAPPING, AND ASSAULT

        

Editorial Notes

Amendments

2006—Pub. L. 109–177, title VI, §602(b)(2), Mar. 9, 2006, 120 Stat. 252, substituted "Restricted building or grounds" for "Temporary residences and offices of the President and others" in item 1752.

1994—Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150, which directed the amendment of this title "by striking 'kidnaping' each place it appears and inserting 'kidnapping' ", was executed by substituting "KIDNAPPING" for "KIDNAPING" in chapter heading, to reflect the probable intent of Congress.

Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150, substituted "kidnapping" for "kidnaping" in item 1751.

1990—Pub. L. 101–647, title XXXV, §3553, Nov. 29, 1990, 104 Stat. 4926, added item 1752.

1982—Pub. L. 97–285, §4(b), (c), Oct. 6, 1982, 96 Stat. 1220, inserted "and Presidential staff" after "Presidential" in chapter heading and in item 1751.

§1751. Presidential and Presidential staff assassination, kidnapping, and assault; penalties

(a) Whoever kills (1) any individual who is the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States, or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President, 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)(1) shall be fined under this title, or imprisoned not more than ten years, or both. Whoever assaults any person designated in subsection (a)(2) 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) 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.

(g) The Attorney General of the United States, in his discretion is authorized to pay an amount not to exceed $100,000 for information and services concerning a violation of subsection (a)(1). Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this subsection.

(h) 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.

(i) 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.

(j) 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 official protected by this section.

(k) There is extraterritorial jurisdiction over the conduct prohibited by this section.

(Added Pub. L. 89–141, §1, Aug. 28, 1965, 79 Stat. 580; amended Pub. L. 97–285, §§3, 4(a), Oct. 6, 1982, 96 Stat. 1220; Pub. L. 103–322, title XXXII, §320101(e), title XXXIII, §§330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150; Pub. L. 104–294, title VI, §604(b)(12)(D), Oct. 11, 1996, 110 Stat. 3507.)

Editorial Notes

Amendments

1996—Subsec. (e). Pub. L. 104–294, §604(b)(12)(D), repealed Pub. L. 103–322, §320101(e)(1), (2). See 1994 Amendment notes below.

1994—Pub. L. 103–322, §330021(1), substituted "kidnapping" for "kidnaping" in section catchline.

Subsec. (e). Pub. L. 103–322, §330016(1)(K), substituted "fined under this title" for "fined not more than $5,000" after "subsection (a)(2) shall be".

Pub. L. 103–322, §330016(1)(L), substituted "fined under this title" for "fined not more than $10,000" after "subsection (a)(1) shall be" and after "results, shall be".

Pub. L. 103–322, §320101(e)(3), inserted "the assault involved the use of a dangerous weapon, or" before "personal injury results".

Pub. L. 103–322, §320101(e)(2), which provided for amendment identical to Pub. L. 103–322, §330016(1)(K), above, was repealed by Pub. L. 104–294, §604(b)(12)(D).

Pub. L. 103–322, §320101(e)(1), which provided for amendment identical to Pub. L. 103–322, §330016(1)(L), above, was repealed by Pub. L. 104–294, §604(b)(12)(D).

1982—Pub. L. 97–285, §4(a), inserted "and Presidential staff" after "Presidential" in section catchline.

Subsec. (a). Pub. L. 97–285, §3(a), inserted "(1)" after "Whoever kills" and "or (2) any person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President," after "laws of the United States".

Subsec. (e). Pub. L. 97–285, §3(b), substituted "(a)(1)" for "(a)" and inserted provision that whoever assaults any person designated in subsec. (a)(2) of this section shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

Subsec. (g). Pub. L. 97–285, §3(c), substituted "subsection (a)(1)" for "this section" after "a violation of".

Subsecs. (j), (k). Pub. L. 97–285, §3(d), added subsecs. (j) and (k).

Statutory Notes and Related Subsidiaries

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.

§1752. Restricted building or grounds

(a) Whoever—

(1) knowingly enters or remains in any restricted building or grounds without lawful authority to do so;

(2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;

(3) knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or ¹

(4) knowingly engages in any act of physical violence against any person or property in any restricted building or grounds; ²

(5) knowingly and willfully operates an unmanned aircraft system with the intent to knowingly and willfully direct or otherwise cause such unmanned aircraft system to enter or operate within or above a restricted building or grounds;

or attempts or conspires to do so, shall be punished as provided in subsection (b).

(b) The punishment for a violation of subsection (a) is—

(1) a fine under this title or imprisonment for not more than 10 years, or both, if—

(A) the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm; or

(B) the offense results in significant bodily injury as defined by section 2118(e)(3); and

(2) a fine under this title or imprisonment for not more than one year, or both, in any other case.

(c) In this section—

(1) the term "restricted buildings or grounds" means any posted, cordoned off, or otherwise restricted area—

(A) of the White House or its grounds, or the Vice President's official residence or its grounds;

(B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or

(C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and

(2) the term "other person protected by the Secret Service" means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection.

(Added Pub. L. 91–644, title V, §18, Jan. 2, 1971, 84 Stat. 1891; amended Pub. L. 97–308, §1, Oct. 14, 1982, 96 Stat. 1451; Pub. L. 98–587, §3(b), Oct. 30, 1984, 98 Stat. 3112; Pub. L. 103–322, title XXXIII, §330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–177, title VI, §602(a), (b)(1), Mar. 9, 2006, 120 Stat. 252; Pub. L. 112–98, §2, Mar. 8, 2012, 126 Stat. 263; Pub. L. 115–254, div. B, title III, §381, Oct. 5, 2018, 132 Stat. 3320.)

Editorial Notes

Amendments

2018—Subsec. (a)(5). Pub. L. 115–254 added par. (5).

2012—Pub. L. 112–98 amended section generally. Prior to amendment, section related to unlawful activities on restricted buildings or grounds.

2006—Pub. L. 109–177, §602(b)(1), substituted "Restricted building or grounds" for "Temporary residences and offices of the President and others" in section catchline.

Subsec. (a)(1). Pub. L. 109–177, §602(a)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "willfully and knowingly to enter or remain in

"(i) any building or grounds designated by the Secretary of the Treasury as temporary residences of the President or other person protected by the Secret Service or as temporary offices of the President and his staff or of any other person protected by the Secret Service, or

"(ii) any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting,

in violation of the regulations governing ingress or egress thereto:".

Subsec. (a)(2). Pub. L. 109–177, §602(a)(1)(C), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 109–177, §602(a)(1)(B), (D), redesignated par. (2) as (3), inserted "willfully, knowingly, and" before "with intent to impede or disrupt", and substituted "described in paragraph (1) or (2)" for "designated in paragraph (1)". Former par. (3) redesignated (4).

Subsec. (a)(4), (5). Pub. L. 109–177, §602(a)(1)(B), (E), (F), redesignated pars. (3) and (4) as (4) and (5), respectively, and substituted "described in paragraph (1) or (2)" for "designated or enumerated in paragraph (1)" in each par.

Subsec. (b). Pub. L. 109–177, §602(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Violation of this section, and attempts or conspiracies to commit such violations, shall be punishable by a fine under this title or imprisonment not exceeding six months, or both."

Subsecs. (d) to (f). Pub. L. 109–177, §602(a)(3), redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows: "The Secretary of the Treasury is authorized—

"(1) to designate by regulations the buildings and grounds which constitute the temporary residences of the President or other person protected by the Secret Service and the temporary offices of the President and his staff or of any other person protected by the Secret Service, and

"(2) to prescribe regulations governing ingress or egress to such buildings and grounds and to posted, cordoned off, or otherwise restricted areas where the President or other person protected by the Secret Service is or will be temporarily visiting."

1994—Subsec. (b). Pub. L. 103–322, which directed the amendment of this section by substituting "under this title" for "not more than $500", was executed in subsec. (b) by substituting "under this title" for "not exceeding $500" to reflect the probable intent of Congress.

1984—Subsec. (f). Pub. L. 98–587 amended subsec. (f) generally, substituting "any person whom the United States Secret Service is authorized to protect under section 3056 of this title when such person has not declined such protection" for "any person authorized by section 3056 of this title or by Public Law 90–331, as amended, to receive the protection of the United States Secret Service when such person has not declined such protection pursuant to section 3056 of this title or pursuant to Public Law 90–331, as amended".

1982—Pub. L. 97–308, §1(a), substituted "Temporary residences and offices of the President and others" for "Temporary residence of the President" in section catchline.

Subsec. (a)(1)(i). Pub. L. 97–308, §1(b), made one's presence unlawful at designated temporary residences and temporary offices of any other person protected by the Secret Service.

Subsec. (a)(1)(ii). Pub. L. 97–308, §1(c), inserted "or other person protected by the Secret Service" after "President".

Subsec. (d)(1). Pub. L. 97–308, §1(d), authorized regulations for designation of the temporary residences and the temporary offices of any other person protected by the Secret Service.

Subsec. (d)(2). Pub. L. 97–308, §1(e), inserted "or other person protected by the Secret Service" after "President".

Subsec. (f). Pub. L. 97–308, §1(f), added subsec. (f).

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

¹ So in original. The word "or" probably should not appear.

² So in original. Probably should be followed by "or".