18 U.S.C. § 1751

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

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(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 sections 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, sections 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.(Added Pub. L. 89–141, § 1, Aug. 28, 1965, 79 Stat. 580; amended Pub. L. 97–285, §§ 3, 4(a), Oct. 6, 1982, 96 Stat. 1220; Pub. L. 103–322, title XXXII, § 320101(e), title XXXIII, §§ 330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150; Pub. L. 104–294, title VI, § 604(b)(12)(D), Oct. 11, 1996, 110 Stat. 3507.)Editorial NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions

Cited in 50 cases (5 in the last 5 years), 1970–2026 · leading case: Furman v. Georgia, 408 U.S. 238 (1972).

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Furman v. Georgia, 408 U.S. 238 (1972). · cites it 8× “§ 2381 ; or assassination of the President, the Vice President, or those who stand elected to those positions, 18 U. S. C. § 1751 ; or assassination of a Member or member-elect of Congress, 18 U.”

Branzburg v. Hayes, 408 U.S. 665 (1972). · cites it 4× “§ 871 (threats against the President), 18 U. S. C. § 1751 (assassination, attempts to assassinate, conspiracy to assassinate the President), 18 U.”

Payne v. Tennessee, 501 U.S. 808 (1991). · cites it 2× “805 (1989), to authorize the death sentence for the assassination of the President or Vice President, see 18 U. S. C. §§ 1751 , 1111, a Congressman, Cabinet official, Supreme Court Justice, or the head of an executive department, § 351, or the murder of a policeman on active…”

United States v. Abu Ali, 528 F.3d 210 (4th Cir. 2008). · cites it 2× “204 (Count 6); Conspiracy to Assassinate the President of the United States, 18 U.S.C. § 1751 (Count 7); Conspiracy to Commit Aircraft Piracy, 49 U.”

United States v. Rivera-Ruperto, 852 F.3d 1 (1st Cir. 2017). · cites it 2× “Congress has steadily widened its application since then, and it now covers many specific situations, from killing the president, 18 U.S.C. § 1751 (a), to killing an eggs product quality inspector, 21 U.”

Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “§ 1716 (mailing of injurious articles with intent to kill resulting in death); 18 U. S. C. § 1751 (assassination or kidnaping resulting in death of President or Vice President) (by cross reference to 18 U.”

United States v. Albert Louis Lipscomb, Cross-Appellee, 299 F.3d 303 (5th Cir. 2002). “§ 101, at 134 (1981) (proposing anew 18 U.S.C. § 1751 (c)(l)(I)). . Any attempt to rely on the legislative history of the 1981 bill is therefore misguided.”

United States v. Francisco Martin Duran, 96 F.3d 1495 (D.C. Cir. 1996). · cites it 3× “Second, Duran asserts that his actions on October 29, 1994, did not render him guilty of attempting to assassinate the President of the United States under 18 U.S.C. § 1751 (c). Third, Duran claims that there was insufficient evidence presented at trial to support his conviction…”

United States v. Duran, 884 F. Supp. 577 (D.D.C. 1995). · cites it 6× “BACKGROUND To support Count One charging the Defendant with attempted assassination of the President in violation of 18 U.S.C. § 1751 (c), the Government presented evidence that a *579 White House visitor who resembles President Clinton, Mr.”

United States v. Servando Alvarado-Casas, 715 F.3d 945 (5th Cir. 2013). “§ 1590 (a); 18 U.S.C. § 1751 (b), (d); 18 U.S.C. § 1752 (b)(1)(B); 18 U.”

Al-Marri v. Pucciarelli, 534 F.3d 213 (4th Cir. 2008). · cites it 2× “§ 2332f (prohibiting the bombing of places of public use or government facilities); 18 U.S.C. § 1751 (prohibiting assassinating or conspiring to assassinate the President or Vice President of the United States); 49 U.”

Sherrie Bursey & Brenda Joyce Presley v. United States, 466 F.2d 1059 (9th Cir. 1972). · cites it 2× “6 In this case, for exam-pie, the application for immunity by the United States Attorney and the approval of the Attorney General refers to an investigation of possible violations of 18 U.S.C. § 1751 (presidential assassination, kidnapping, and assault), but the grand jury…”

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— 18 U.S.C. § 1751(g) — 1 case

Auth. of the Customs Serv. to Offer Rewards for Info. Concerning the Whereabouts of Indicted Drug Traffickers (OLC 1989).

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