§1751 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Killing, kidnapping, trying to kill or kidnap, or conspiring to kill or kidnap the President, President-elect, Vice President, Vice President-elect, someone acting as President, the next in line if there is no Vice President, or certain staff in the President’s and Vice President’s offices is a serious federal crime. Killing them is treated as federal murder or manslaughter. Kidnapping is punishable by many years or life in prison, and if the person dies the punishment can include death. Attempts or successful conspiracies to kill or kidnap carry prison for many years or life, and death can apply if the victim dies. Assaults on top officials can bring fines or up to 10 years in prison. Assaults on the listed staff can bring fines or up to 1 year, but if a weapon was used or someone was hurt the penalty can be up to 10 years. “President-elect” and “Vice President-elect” mean the apparent winners of the general election for those offices. The Attorney General may pay up to $100,000 for information about killing the President or similar acts, but government employees who give information as part of their job cannot get that payment. If the federal government takes the case, state or local authorities must pause their actions while the federal case is active. The FBI investigates these crimes and may get help from any federal, state, local, or military agency. In court, prosecutors do not have to prove the attacker knew the victim was an official protected by this law. The law applies to crimes committed outside the United States too.

Title 18, §1751

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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 section 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, section 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.

Notes & Related Subsidiaries

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 AmendmentAmendment 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.

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