PRIA, Government Policy, Made Personal

Summary

Intentionally threatening to commit certain federal crimes against protected people is illegal. If you do it, you can be fined or go to prison for up to 5 years, but a threatened assault carries a prison term of up to 3 years. If someone makes an extortion demand (tries to get money or other benefits by threat) in connection with such a threat or with actually committing those crimes, they can be fined or jailed for up to 20 years. The terms used here mean the same as in the law about attacks on these people: "foreign official" — a person who works for a foreign government; "internationally protected person" — someone given special protection abroad (for example, diplomats); "national of the United States" — a U.S. citizen or national; and "official guest" — a visiting foreign official. If the victim who is an internationally protected person is outside the United States, the U.S. can take the case if the victim is a U.S. representative or employee, if the offender is a U.S. national, or if the offender is later found in the United States. The phrase "United States" here covers all places 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