U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 41— EXTORTION AND THREATS

18 U.S.C. § 878

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

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(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 sections 5 and 7 of this title and section 46501(2) of title 49.(Added Pub. L. 94–467, § 8, Oct. 8, 1976, 90 Stat. 2000; amended Pub. L. 95–163, § 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95–504, § 2(b), Oct. 24, 1978, 92 Stat. 1705; Pub. L. 103–272, § 5(e)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103–322, title XXXIII, § 330016(1)(K), (N), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–132, title VII, §§ 705(a)(4), 721(e), Apr. 24, 1996, 110 Stat. 1295, 1299.)Editorial NotesAmendments

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.

Notes of Decisions
Cited in 17 cases (6 in the last 5 years), 1979–2025 · leading case: United States v. Mobley, 971 F.3d 1187 (10th Cir. 2020).
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United States v. Mobley, 971 F.3d 1187 (10th Cir. 2020). “…remove the fourteen-month-old S.M. to Russia. 18 The government asserts that Congress’s reference to § 1201 in 18 U.S.C. § 878 (another threat/extortion statute) and not in § 875 indicates Congress did not intend to include § 1201’s parental-kidnapping exception in §…”
United States v. Jordan, 591 F. Supp. 2d 686 (S.D.N.Y. 2008). · cites it 3× “” Count Two charged a violation of 18 U.S.C. §§ 878 , 112(a), and 1201(a)(4).”
United States v. Florence Lockhart, A/K/A Florence Rebecca Lockhart, 382 F.3d 447 (4th Cir. 2004). “Cooper involved a threat on a foreign dignitary under 18 U.S.C. § 878 . The Cooper defendant called the Pentagon and explained that he was hired by the Secret Service to kill the Indian Prime Minister and had “scoped out four areas in D.”
United States v. Pablo Marcano-Garcia, & Nydia Cuevas-Rivera, 622 F.2d 12 (1st Cir. 1980). “§ 112 (a) and making extortionate demands in violation of 18 U.S.C. § 878 (b). He was sentenced to five years imprisonment for each of these two counts, to run concurrently with his sentence for kidnapping.”
United States v. Carlton Cameron Cooper, 865 F.2d 83 (4th Cir. 1989). · cites it 2× “HAYNSWORTH, Senior Circuit Judge: In a jury trial Cooper was convicted of a violation of 18 U.S.C.A. § 878 (West Supp. 1988) for threatening the life of the Prime Minister of India, Rajiv Gandhi.”
United States v. Bozo Kelava & Mile Kodzoman, 610 F.2d 479 (7th Cir. 1979). “Suppose the same facts as in the present case; suppose further that instead of armed imprisonment the trial court had erroneously submitted to the jury the similarly related crime of extortion against a foreign official in connection with simple imprisonment of the official, 18…”
State v. Taylor (N.C. Ct. App. 2020). “1989) (specific intent requirement of Patillo was met in prosecution under 18 U.S.C. § 878 because evidence sufficient for jury to determine the defendant “had a present intention to shoot Gandhi”).”
State v. Taylor (N.C. Ct. App. 2020). “1989) (specific intent requirement of Patillo was met in prosecution under 18 U.S.C. § 878 because evidence sufficient for jury to determine the defendant “had a present intention to shoot Gandhi”).”
United States v. Madzarac (D.D.C. 2020). “The undersigned denied the government’s request. Minute Entry dated Aug.”
United States v. Madzarac (D.D.C. 2023). “§ 875 (c), and one count of Threats Against Foreign Officials, Official Guests, or Internationally Protected Persons, in violation of 18 U.S.C. § 878 (a). Mr. Madzarac made his initial appearance before Magistrate Judge G.”
(PS)EL v. Kelly (E.D. Cal. 2021). “9 § 242-Deprivation of Rights; 18 U.S.C. § 878 -Extortion against Foreign Officials; and 18 U.”
Breedt v. Breedt (D.S.D. 2022). “§ 876 (mailing threatening communications), 18 U.S.C. § 878 (threats and extortion against foreign officials, et al.”
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