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

Summary

Killing, kidnapping, trying to kill or kidnap, planning to kill or kidnap, or attacking certain top U.S. officials is a federal crime with heavy punishments. The law protects members of Congress (and members-elect); heads of federal departments and their second-in-command (and nominees); the Director or Principal Deputy Director of National Intelligence and nominees; the Director or Deputy Director of the CIA and nominees; major Presidential or Vice-Presidential candidates; and Supreme Court Justices and nominees. Killing any of these people is punished under 18 U.S.C. 1111 and 1112. Kidnapping them can mean years in prison or life, and if the person dies it can mean death or prison. Trying to kill or kidnap them can mean years in prison or life. Plotting to kill or kidnap them, if any step is taken toward the plan, brings the same punishments and can include death if death results. Attacking one of these people can mean a fine, up to one year in jail, or both. If a weapon was used or the victim was hurt, the penalty can be a fine, up to ten years in prison, or both. If the federal government takes the case, state or local authorities must pause until the federal case ends. The FBI investigates these crimes and can get help from any agency, including the military. The government does not have to prove the attacker knew the victim was one of the protected people. The law applies to acts committed anywhere in the world.

Title 18, §351

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever kills any individual who is a Member of Congress or a Member-of-Congress-elect, a member of the executive branch of the Government who is the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Principal Deputy Director of National Intelligence, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of the Central Intelligence Agency, a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title), or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination, 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) of this section 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)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.

(g)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.

(h)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 individual protected by this section.

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (a). Pub. L. 112–87 inserted “the Director (or a person nominated to be Director during the pendency of such nomination) or Principal Deputy Director of National Intelligence,” after “in such department,” and substituted “the Central Intelligence Agency,” for “Central Intelligence,”. 1996—Subsec. (e). Pub. L. 104–294, § 604(c)(2), substituted “involved the use” for “involved in the use”. Pub. L. 104–294, § 604(b)(12)(C), repealed Pub. L. 103–322, § 320101(d)(3). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping” in section catchline. Subsec. (e). Pub. L. 103–322, § 330016(1)(L), substituted “shall be fined under this title” for “shall be fined not more than $10,000” after “personal injury results,”. Pub. L. 103–322, § 320101(d)(4), substituted “imprisoned not more than ten years” for “imprisoned for not more than ten years”. Pub. L. 103–322, § 320101(d)(3), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(12)(C). Pub. L. 103–322, § 320101(d)(2), inserted “the assault involved in the use of a dangerous weapon, or” after “and if”. Pub. L. 103–322, §§ 320101(d)(1), 330016(1)(K), amended subsec. (e) identically, substituting “shall be fined under this title” for “shall be fined not more than $5,000” after “subsection (a) of this section”. 1988—Subsec. (a). Pub. L. 100–690 inserted a comma after “section 3056 of this title)”. 1986—Subsec. (a). Pub. L. 99–646, § 62(1), inserted “a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title)”. Subsec. (h). Pub. L. 99–646, § 62(2), substituted “individual” for “official”. 1982—Pub. L. 97–285, § 2(a), substituted “Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault; penalties” for “Congressional assassination, kidnaping, and assault” in section catchline. Subsec. (a). Pub. L. 97–285, § 1(a), expanded coverage of subsec. (a) to cover the killing of any individual who is a member of the executive branch of the Government and the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of Central Intelligence, or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination. Subsecs. (h), (i). Pub. L. 97–285, § 1(b), added subsecs. (h) and (i).

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. Report to Member of Congress on Investigation Conducted Subsequent to Threat on Member’s Life Pub. L. 95–624, § 19, Nov. 9, 1978, 92 Stat. 3466, provided that: “The Federal Bureau of Investigation shall provide a written report to a Member of Congress on any investigation conducted based on a threat on the Member’s life under section 351 of title 18 of the United States Code.”

§351 Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties