18 U.S.C. § 1515

Definitions for certain provisions; general provision

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(a) As used in sections 1512 and 1513 of this title and in this section—(1) the term “official proceeding” means—(A) a proceeding before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury;(B) a proceeding before the Congress;(C) a proceeding before a Federal Government agency which is authorized by law; or(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce;(2) the term “physical force” means physical action against another, and includes confinement;(3) the term “misleading conduct” means—(A) knowingly making a false statement;(B) intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact, and thereby creating a false impression by such statement;(C) with intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;(D) with intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or(E) knowingly using a trick, scheme, or device with intent to mislead;(4) the term “law enforcement officer” means an officer or employee of the Federal Government, or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant—(A) authorized under law to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or(B) serving as a probation or pretrial services officer under this title;(5) the term “bodily injury” means—(A) a cut, abrasion, bruise, burn, or disfigurement;(B) physical pain;(C) illness;(D) impairment of the function of a bodily member, organ, or mental faculty; or(E) any other injury to the body, no matter how temporary; and(6) the term “corruptly persuades” does not include conduct which would be misleading conduct but for a lack of a state of mind.(b) As used in section 1505, the term “corruptly” means acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information.(c) This chapter does not prohibit or punish the providing of lawful, bona fide, legal representation services in connection with or anticipation of an official proceeding.(Added Pub. L. 97–291, § 4(a), Oct. 12, 1982, 96 Stat. 1252; amended Pub. L. 99–646, § 50(b), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100–690, title VII, § 7029(b), (d), Nov. 18, 1988, 102 Stat. 4398; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–322, title XXXII, § 320604(a), Sept. 13, 1994, 108 Stat. 2118; Pub. L. 104–292, § 3, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104–294, title VI, § 604(b)(39), Oct. 11, 1996, 110 Stat. 3509.)Editorial NotesAmendments

1996—Subsec. (a)(1)(D). Pub. L. 104–294 struck out “or” after semicolon at end.

Subsecs. (b), (c). Pub. L. 104–292 added subsec. (b) and redesignated former subsec. (b) as (c).

1994—Subsec. (a)(1)(D). Pub. L. 103–322 added subpar. (D).

1992—Subsec. (a)(1)(A). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1988—Subsec. (a)(1)(A). Pub. L. 100–690, § 7029(b), inserted “a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Claims Court,” after “bankruptcy judge,”.

Subsec. (a)(6). Pub. L. 100–690, § 7029(d), added par. (6).

1986—Pub. L. 99–646 inserted “; general provision” in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).

Statutory Notes and Related SubsidiariesChange of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (a)(1)(A) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1996 Amendment

Amendment 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.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date

Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as a note under section 1512 of this title.

Notes of Decisions

Cited in 216 cases (61 in the last 5 years), 1984–2026 · leading case: United States v. Joseph Fischer, 64 F.4th 329 (D.C. Cir. 2023).

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United States v. Joseph Fischer, 64 F.4th 329 (D.C. Cir. 2023). · cites it 7× “” 18 U.S.C. § 1515 (a)(1)(B). Although appellees strain to argue that the Electoral College vote certification is not a “proceeding before the Congress” because it does not involve “investigations and evidence,” Appellees’ Br.”

United States v. Abraham Fisch, 851 F.3d 402 (5th Cir. 2017). · cites it 6× “His attack is twofold: first, he argues that the government did not offer sufficient evidence of specific intent to influence, obstruct, or impede the proceedings; and second, he argues that 18 U.S.C. § 1515 (c) operates as an affirmative defense to the obstruction charges.”

United States v. Veal, 153 F.3d 1233 (11th Cir. 1998). · cites it 5× “See 18 U.S.C. § 1515 (a). In contrast, §§ 1512(a)(1)(C) and (b)(3), the subsection under which this case arises, *1250 contain a different jurisdictional basis: the defendant must have committed the obstructive conduct tvith the intent to “prevent,” in § 1512(a)(1)(C), or…”

Pellegrino v. U.S. Transp. SEC. Admin., 896 F.3d 207 (3rd Cir. 2018). · cites it 4× “§ 245 (c); 18 U.S.C. § 1515 (a)(4). 20 typically used when a warrant is involved, see, e.”

Charles Bruce v. Warden Lewisburg USP, 868 F.3d 170 (3rd Cir. 2017). “See 18 U.S.C. § 1515 (a)(4) (for purposes of the witness tampering murder statute a “law enforcement officer” includes “a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant”).”

United States v. James Michael Farrell, 921 F.3d 116 (4th Cir. 2019). · cites it 2× “40 Beginning with Count Four, Farrell maintains that his conduct in signing and sending the forged affidavits concerning Harryman’s property to the DEA was not corrupt because all the information contained therein was accurate.”

United States v. Gary Ermoian, 752 F.3d 1165 (9th Cir. 2013). · cites it 4× “] 18 U.S.C. § 1515 (a)(1). Of these definitions, the parties agree that only one might cover an FBI investigation — “a proceeding before a Federal Government agency which is authorized by law.”

United States v. Mintmire, 507 F.3d 1273 (11th Cir. 2007). · cites it 3× “He also claims that the trial court erred by not acquitting him based upon the safe harbor provision of 18 U.S.C. § 1515 (c) and by improperly shifting the burden of proof under § 1515(c) to him by instructing the jury to decide if Mintmire (as related to Count One) and Keith…”

United States v. Willie Tyler, 732 F.3d 241 (3rd Cir. 2013). · cites it 2× “” 18 U.S.C. § 1515 (a)(4)(A). The Government need not prove that the defendant knew that the law enforcement officer was federal or acting as an advisor or consultant to the federal government.”

Augustin Valenzuela Gallardo v. Loretta E. Lynch, 818 F.3d 808 (9th Cir. 2016). · cites it 2× “18 U.S.C. § 1515 (b) (“As used in section 1505, the term “corruptly” means acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information.”

Commonwealth v. Paquette, 62 N.E.3d 12 (Mass. 2016). · cites it 3× “In our few prior cases involving § 13B, we adopted a working definition of ‘“misleads” from the description of ‘“misleading conduct” in 18 U.S.C. § 1515 (a)(3), which defines that term for purposes of the Federal witness tampering statute, 18 U.”

United States v. David Lonich, 23 F.4th 881 (9th Cir. 2022). · cites it 2× “” 18 U.S.C. § 1515 (a)(1)(A). Lonich first contends that the government did not prove a nexus between his actions and the grand jury proceeding.”

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