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18 U.S.C. § 112 — Protection of foreign officials, official guests, and internationally protected persons

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 486 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes it a federal crime to assault, threaten, or harass foreign officials, official guests, and internationally protected persons. Penalties rise for using a weapon or causing injury, and lesser penalties apply to intimidation or unlawfully gathering near their buildings. It doesn't limit First Amendment rights, and covers some offenses committed abroad.

(a) It's illegal to assault, strike, wound, imprison, or use violence against a foreign official, official guest, or internationally protected person, or to attack their official premises, private home, or transportation if that's likely to endanger them — or to attempt any of this. The penalty is a fine or up to 3 years in prison, or both. If a deadly or dangerous weapon is used, or the victim is injured, the penalty rises to a fine or up to 10 years in prison, or both. (b) It's also illegal to willfully: (1) intimidate, coerce, threaten, or harass a foreign official or official guest, or obstruct a foreign official doing their job; (2) attempt to do any of that; or (3) gather with two or more other people, within the United States and within 100 feet of a building used for official, diplomatic, consular, or residential purposes by a foreign government, an international organization, a foreign official, or an official guest, intending to violate any other part of this section. The penalty is a fine or up to 6 months in prison, or both. (c) The terms "foreign government," "foreign official," "internationally protected person," "international organization," "national of the United States," and "official guest" carry the meanings given in section 1116(b). (d) Nothing in this section can be read or applied to limit rights guaranteed by the First Amendment to the Constitution. (e) If the victim of an (a) offense is an internationally protected person outside the United States, the U.S. can prosecute if: (1) the victim represents, works for, or acts as an agent of the U.S.; (2) the offender is a U.S. national; or (3) the offender is later found in the United States. "United States" here includes areas under U.S. jurisdiction described in sections 5 and 7 of this title and section 46501(2) of title 49. (f) While enforcing subsection (a) and any related conspiracy or attempt offenses, the Attorney General can ask for help from any federal, state, or local agency — including the Army, Navy, and Air Force — regardless of any other statute, rule, or regulation that might otherwise apply.
the actual law source: uscode.house.gov ↗public domain
(a)

Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official, official guest, or internationally protected person or makes any other violent attack upon the person or liberty of such person, or, if likely to endanger his person or liberty, makes a violent attack upon his official premises, private accommodation, or means of transport or attempts to commit any of the foregoing shall be fined under this title or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon, or inflicts bodily injury, shall be fined under this title or imprisoned not more than ten years, or both.

(b)

Whoever willfully—

(1)

intimidates, coerces, threatens, or harasses a foreign official or an official guest or obstructs a foreign official in the performance of his duties;

(2)

attempts to intimidate, coerce, threaten, or harass a foreign official or an official guest or obstruct a foreign official in the performance of his duties; or

(3)

within the United States and within one hundred feet of any building or premises in whole or in part owned, used, or occupied for official business or for diplomatic, consular, or residential purposes by—

(A)

a foreign government, including such use as a mission to an international organization;

(B)

an international organization;

(C)

a foreign official; or

(D)

an official guest;

congregates with two or more other persons with intent to violate any other provision of this section;

shall be fined under this title or imprisoned not more than six months, or both.

(c)

For the purpose of this section “foreign government”, “foreign official”, “internationally protected person”, “international organization”, “national of the United States”, and “official guest” shall have the same meanings as those provided in section 1116(b) of this title.

(d)

Nothing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States.

(e)

If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501(2) of title 49.

(f)

In the course of enforcement of subsection (a) and any other sections prohibiting a conspiracy or attempt to violate subsection (a), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary, notwithstanding.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 688; Pub. L. 88–493, § 1, Aug. 27, 1964, 78 Stat. 610; Pub. L. 92–539, title III, § 301, Oct. 24, 1972, 86 Stat. 1072; Pub. L. 94–467, § 5, Oct. 8, 1976, 90 Stat. 1999; Pub. L. 95–163, § 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95–504, § 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 100–690, title VI, § 6478, Nov. 18, 1988, 102 Stat. 4381; Pub. L. 103–272, § 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103–322, title XXXII, § 320101(b), title XXXIII, § 330016(1)(G), (K), Sept. 13, 1994, 108 Stat. 2108, 2147; Pub. L. 104–132, title VII, § 721(d), Apr. 24, 1996, 110 Stat. 1298; Pub. L. 104–294, title VI, § 604(b)(12)(A), Oct. 11, 1996, 110 Stat. 3507.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 688
  • 1964Amended · Pub. L. 88-493 · 78 Stat. 610
  • 1972Amended · Pub. L. 92-539 · 86 Stat. 1072
  • 1976Amended · Pub. L. 94-467 · 90 Stat. 1999
  • 1977Amended · Pub. L. 95-163 · 91 Stat. 1286
  • 1978Amended · Pub. L. 95-504 · 92 Stat. 1705
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4381
  • 1994Amended · Pub. L. 103-272 · 108 Stat. 1373
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2108, 2147
  • 1996Amended · Pub. L. 104-132 · 110 Stat. 1298
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3507

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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