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

Summary

Making a knowing threat to break the laws named in sections 112, 1116, or 1201 is a federal crime. A person who does this can be fined or jailed for up to five years. If the threat is an assault, jail time can be no more than three years. If someone makes an extortion demand tied to that threat or to actually breaking those laws, they can be fined or jailed for up to twenty years. The words "foreign official," "internationally protected person," "national of the United States," and "official guest" use the meanings given in section 1116(a). The United States can try a case when the victim is an internationally protected person outside the U.S. if the victim is a U.S. representative, officer, employee, or agent, if the offender is a U.S. national, or if the offender is later found in the United States. "United States" means all areas under U.S. jurisdiction.

Title 18, §878

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever knowingly and willfully threatens to violate section 112, 1116, or 1201 shall be fined under this title or imprisoned not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years.

(b)Whoever in connection with any violation of subsection (a) or actual violation of section 112, 1116, or 1201 makes any extortionate demand shall be fined under this title or imprisoned not more than twenty years, or both.

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

(d)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 section 5 and 7 of this title and section 46501(2) of title 49.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–132, § 705(a)(4), struck out “by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person” before “shall be fined”. Subsec. (c). Pub. L. 104–132, § 721(e)(1), inserted “ ‘national of the United States’,” before “and ‘official guest’ ”. Subsec. (d). Pub. L. 104–132, § 721(e)(2), inserted first sentence and struck out former first sentence which read as follows: “If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender.” 1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”. Subsec. (b). Pub. L. 103–322, § 330016(1)(N), substituted “fined under this title” for “fined not more than $20,000”. Subsec. (d). Pub. L. 103–272 substituted “section 46501(2) of title 49” for “section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38))”. 1978—Subsec. (d). Pub. L. 95–504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act. 1977—Subsec. (d). Pub. L. 95–163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act.

§878 Threats and extortion against foreign officials, official guests, or internationally protected persons

Summary

Title 18, §878

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata