Know The Ledge

Office of the Law Revision Counsel, U.S. House of Representatives

    18 USC Sec. 115                                             01/05/2009

-EXPCITE-


    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE


    PART I - CRIMES


    CHAPTER 7 - ASSAULT

-HEAD-


    Sec. 115. Influencing, impeding, or retaliating against a Federal


      official by threatening or injuring a family member

-STATUTE-


      (a)(1) Whoever - 


        (A) assaults, kidnaps, or murders, or attempts or conspires to


      kidnap or murder, or threatens to assault, kidnap or murder a


      member of the immediate family of a United States official, a


      United States judge, a Federal law enforcement officer, or an


      official whose killing would be a crime under section 1114 of


      this title; or


        (B) threatens to assault, kidnap, or murder, a United States


      official, a United States judge, a Federal law enforcement


      officer, or an official whose killing would be a crime under such


      section,

with intent to impede, intimidate, or interfere with such official,


    judge, or law enforcement officer while engaged in the performance


    of official duties, or with intent to retaliate against such


    official, judge, or law enforcement officer on account of the


    performance of official duties, shall be punished as provided in


    subsection (b).


      (2) Whoever assaults, kidnaps, or murders, or attempts or


    conspires to kidnap or murder, or threatens to assault, kidnap, or


    murder, any person who formerly served as a person designated in


    paragraph (1), or a member of the immediate family of any person


    who formerly served as a person designated in paragraph (1), with


    intent to retaliate against such person on account of the


    performance of official duties during the term of service of such


    person, shall be punished as provided in subsection (b).


      (b)(1) The punishment for an assault in violation of this section


    is - 


        (A) a fine under this title; and


        (B)(i) if the assault consists of a simple assault, a term of


      imprisonment for not more than 1 year;


        (ii) if the assault involved physical contact with the victim


      of that assault or the intent to commit another felony, a term of


      imprisonment for not more than 10 years;


        (iii) if the assault resulted in bodily injury, a term of


      imprisonment for not more than 20 years; or


        (iv) if the assault resulted in serious bodily injury (as that


      term is defined in section 1365 of this title, and including any


      conduct that, if the conduct occurred in the special maritime and


      territorial jurisdiction of the United States, would violate


      section 2241 or 2242 of this title) or a dangerous weapon was


      used during and in relation to the offense, a term of


      imprisonment for not more than 30 years.

(2) A kidnapping, attempted kidnapping, or conspiracy to kidnap


    in violation of this section shall be punished as provided in


    section 1201 of this title for the kidnapping or attempted


    kidnapping of, or a conspiracy to kidnap, a person described in


    section 1201(a)(5) of this title.


      (3) A murder, attempted murder, or conspiracy to murder in


    violation of this section shall be punished as provided in sections


    1111, 1113, and 1117 of this title.


      (4) A threat made in violation of this section shall be punished


    by a fine under this title or imprisonment for a term of not more


    than 10 years, or both, except that imprisonment for a threatened


    assault shall not exceed 6 years.


      (c) As used in this section, the term - 


        (1) "Federal law enforcement officer" means any officer, agent,


      or employee of the United States authorized by law or by a


      Government agency to engage in or supervise the prevention,


      detection, investigation, or prosecution of any violation of


      Federal criminal law;


        (2) "immediate family member" of an individual means - 


          (A) his spouse, parent, brother or sister, child or person to


        whom he stands in loco parentis; or


          (B) any other person living in his household and related to


        him by blood or marriage;

(3) "United States judge" means any judicial officer of the


      United States, and includes a justice of the Supreme Court and a


      United States magistrate judge; and


        (4) "United States official" means the President, President-


      elect, Vice President, Vice President-elect, a Member of


      Congress, a member-elect of Congress, a member of the executive


      branch who is the head of a department listed in 5 U.S.C. 101, or


      the Director of the Central Intelligence Agency.

(d) This section shall not interfere with the investigative


    authority of the United States Secret Service, as provided under


    sections 3056, 871, and 879 of this title.

-SOURCE-


    (Added Pub. L. 98-473, title II, Sec. 1008(a), Oct. 12, 1984, 98


    Stat. 2140; amended Pub. L. 99-646, Secs. 37(a), 60, Nov. 10, 1986,


    100 Stat. 3599, 3613; Pub. L. 100-690, title VI, Sec. 6487(f)[b],


    Nov. 18, 1988, 102 Stat. 4386; Pub. L. 101-647, title XXXV, Sec.


    3508, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 101-650, title III,


    Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322, title


    XXXIII, Secs. 330016(2)(C), 330021(1), Sept. 13, 1994, 108 Stat.


    2148, 2150; Pub. L. 104-132, title VII, Secs. 723(a), 727(b), Apr.


    24, 1996, 110 Stat. 1300, 1302; Pub. L. 107-273, div. B, title IV,


    Sec. 4002(b)(9), div. C, title I, Sec. 11008(c), Nov. 2, 2002, 116


    Stat. 1808, 1818; Pub. L. 110-177, title II, Sec. 208(a), Jan. 7,


    2008, 121 Stat. 2538.)

-MISC1-


                                AMENDMENTS                            


      2008 - Subsec. (b)(1). Pub. L. 110-177 added par. (1) and struck


    out former par. (1) which read as follows: "An assault in violation


    of this section shall be punished as provided in section 111 of


    this title."


      2002 - Subsec. (b)(2). Pub. L. 107-273, Sec. 4002(b)(9),


    substituted "or attempted kidnapping of, or a conspiracy to kidnap,


    a person" for ", attempted kidnapping, or conspiracy to kidnap of a


    person".


      Subsec. (b)(4). Pub. L. 107-273, Sec. 11008(c), substituted "10"


    for "five" and "6" for "three".


      1996 - Subsec. (a)(1)(A). Pub. L. 104-132, Sec. 723(a)(1),


    inserted "or conspires" after "attempts".


      Subsec. (a)(2). Pub. L. 104-132, Sec. 727(b)(1), which directed


    insertion of ", or threatens to assault, kidnap, or murder, any


    person who formerly served as a person designated in paragraph (1),


    or" after "assaults, kidnaps, or murders, or attempts to kidnap or


    murder", was executed by making the substitution after "assaults,


    kidnaps, or murders, or attempts or conspires to kidnap or murder"


    to reflect the probable intent of Congress and the amendment by


    Pub. L. 104-132, Sec. 723(a)(1). See below.


      Pub. L. 104-132, Sec. 723(a)(1), inserted "or conspires" after


    "attempts".


      Subsec. (b)(2). Pub. L. 104-132, Sec. 723(a)(2), substituted ",


    attempted kidnapping, or conspiracy to kidnap" for "or attempted


    kidnapping" in two places.


      Subsec. (b)(3). Pub. L. 104-132, Sec. 723(a)(3), substituted ",


    attempted murder, or conspiracy to murder" and ", 1113, and 1117"


    for "or attempted murder" and "and 1113", respectively.


      Subsec. (d). Pub. L. 104-132, Sec. 727(b)(2), added subsec. (d).


      1994 - Subsec. (b)(2). Pub. L. 103-322, Sec. 330021(1),


    substituted "kidnapping" for "kidnaping" in two places.


      Subsec. (b)(4). Pub. L. 103-322, Sec. 330016(2)(C), substituted


    "fine under this title" for "fine of not more than $5,000".


      1990 - Subsec. (c)(4). Pub. L. 101-647 substituted "the Central"


    for "The Central".


      1988 - Subsec. (a). Pub. L. 100-690 amended subsec. (a)


    generally. Prior to amendment, subsec. (a) read as follows:


    "Whoever assaults, kidnaps, or murders, or attempts to kidnap or


    murder, or threatens to assault, kidnap or murder a member of the


    immediate family of a United States official, a United States


    judge, a Federal law enforcement officer, or an official whose


    killing would be a crime under section 1114 of this title, or


    threatens to assault, kidnap, or murder, a United States official,


    a United States judge, a Federal law enforcement officer, or an


    official whose killing would be a crime under such section with


    intent to impede, intimidate, interfere with, or retaliate against


    such official, judge or law enforcement officer while engaged in or


    on account of the performance of official duties, shall be punished


    as provided in subsection (b)."


      1986 - Subsec. (a). Pub. L. 99-646, Sec. 60, substituted "section


    1114 of this title, or threatens to assault, kidnap, or murder, a


    United States official, a United States judge, a Federal law


    enforcement officer, or an official whose killing would be a crime


    under such section" for "18 U.S.C. 1114, as amended,", "while


    engaged" for "while he is engaged", and "official duties" for "his


    official duties".


      Subsec. (b)(2). Pub. L. 99-646, Sec. 37(a), inserted "for the


    kidnapping or attempted kidnapping of a person described in section


    1201(a)(5) of this title".

-CHANGE-


                              CHANGE OF NAME                          


      Reference to the Director of Central Intelligence or the Director


    of the Central Intelligence Agency in the Director's capacity as


    the head of the intelligence community deemed to be a reference to


    the Director of National Intelligence. Reference to the Director of


    Central Intelligence or the Director of the Central Intelligence


    Agency in the Director's capacity as the head of the Central


    Intelligence Agency deemed to be a reference to the Director of the


    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.


    108-458, set out as a note under section 401 of Title 50, War and


    National Defense.


      "United States magistrate judge" substituted for "United States


    magistrate" in subsec. (c)(3) pursuant to section 321 of Pub. L.


    101-650, set out as a note under section 631 of Title 28, Judiciary


    and Judicial Procedure.

-TRANS-


                           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.

Sedition is a term of law which refers to overt conduct, such as speech and organization, that is deemed by the legal authority as tending toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent (orresistance) to lawful authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interests of sedition.

Typically, sedition is considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary from one legal code to another. Where the history of these legal codes has been traced, there is also a record of the change in the definition of the elements constituting sedition at certain points in history. This overview has served to develop a sociological definition of sedition as well, within the study of state persecution.

The difference between sedition and treason consists primarily in the subjective ultimate object of the violation to the public peace. Sedition does not consist of levying war against a government nor of adhering to its enemies, giving enemies aid, and giving enemies comfort. Nor does it consist, in most representative democracies, of peaceful protest against a government, nor of attempting to change the government bydemocratic means (such as direct democracy or constitutional convention).

Sedition is the stirring up of rebellion against the government in power. Treason is the violation of allegiance to one's sovereign or state, giving aid to enemies, or levying war against one's state. Sedition is encouraging one's fellow citizens to rebel against their state, whereas treason is actually betraying one's country by aiding and abetting another state. Sedition laws somewhat equate to terrorism and public order laws.