18 U.S.C. § 1751 — Presidential and Presidential staff assassination, kidnapping, and assault; penalties

submitted 61 years ago by Pub. L. 89-141 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 591 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes it a federal crime to kill, kidnap, or assault the President and other top officials. Punishments range from prison time to life or death, depending on the crime. It also lets the FBI investigate, and it applies even outside the United States.

(a) It is a federal crime to kill the President, President-elect, or Vice President. It is also a crime to kill the next officer in the line of succession, when there is no Vice President. It is also a crime to kill the Vice President-elect, or anyone acting as President. It is also a crime to kill certain senior White House or Vice President's office staff, as named in specific title 3 provisions. The punishment follows the murder and manslaughter laws in sections 1111 and 1112. (b) Kidnapping any person named in (a) is punished by imprisonment for years or for life. If the victim dies, punishment can be death or life imprisonment instead. (c) Attempting to kill or kidnap any person named in (a) is punished by imprisonment for years or for life. (d) Suppose two or more people conspire to kill or kidnap a person named in (a). If one of them acts to carry it out, each conspirator faces the same punishment as under (b). (e) Assaulting a person named in (a)(1) is punished by a fine, up to ten years in prison, or both. Assaulting a person named in (a)(2) is normally punished by a fine, up to one year, or both. But if that assault uses a dangerous weapon or causes injury, the punishment rises to a fine, up to ten years, or both. (f) "President-elect" and "Vice President-elect" mean the apparent winners of a general election for those offices. (g) The Attorney General may pay up to $100,000 for information about a violation of (a)(1). Government employees cannot collect this payment for their official duties. (h) If federal authorities pursue a case under this section, state or local jurisdiction is paused until the federal case ends. (i) The FBI investigates violations of this section, and other agencies, including the military, may assist. (j) Prosecutors do not have to prove the defendant knew the victim held a protected office. (k) This section applies even to conduct that happens outside the United States.

facts

- Codified at 18 U.S.C. § 1751, addressing presidential and presidential staff assassination, kidnapping, and assault penalties. - Enacted by Pub. L. 89-141, § 1, on August 28, 1965 (79 Stat. 580). - Subsequently amended four times, most recently by Pub. L. 104-294 in 1996. - Comprises 11 subsections (a)–(k) and totals 591 words. - Source-credit citation lists four separate amending public laws spanning 1982, 1994, and 1996.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (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.)

history & why it existsrecord from the source credit

1965Enacted · Pub. L. 89-141 · 79 Stat. 580
1982Amended · Pub. L. 97-285 · 96 Stat. 1220
1994Amended · Pub. L. 103-322 · 108 Stat. 2108, 2147, 2150
1996Amended · Pub. L. 104-294 · 110 Stat. 3507

The source credit establishes that this section was added by Public Law 89-141, § 1, enacted August 28, 1965, and published at 79 Stat. 580. The credit further shows that the section has since been amended on four occasions: by Public Law 97-285 in 1982, by Public Law 103-322 (the Violent Crime Control and Law Enforcement Act) in 1994, with amendments spanning multiple titles and sections, and by Public Law 104-294 in 1996. Together these amendments indicate sustained congressional attention to this provision over three decades, though the source credit does not itself describe the substance of each change. Historical context: Public Law 89-141, enacted in 1965, is generally understood to have been Congress's response to the assassination of President John F. Kennedy in November 1963, which exposed the absence of a specific federal statute criminalizing the killing, kidnapping, or assault of a sitting President and other senior federal officials. The commonly cited purpose of the 1965 Act was to establish clear federal jurisdiction and penalties for such offenses, ensuring that threats to the President and successors were addressed at the federal level rather than relying solely on state law. The subsequent amendments—in 1982, 1994, and 1996—likely reflect broader periodic revisions to federal criminal law, including the 1994 crime bill's wide-ranging updates to sentencing and federal offenses, but the record here does not establish the specific legislative intent behind each individual amendment to this section.

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