June 25, 1948, ch. 645 62 Stat. 688 Pub. L. 88–493, § 178 Stat. 610 Pub. L. 92–539, title III, § 30186 Stat. 1072 Pub. L. 94–467, § 590 Stat. 1999 Pub. L. 95–163, § 17(b)(1)91 Stat. 1286 Pub. L. 95–504, § 2(b)92 Stat. 1705 Pub. L. 100–690, title VI, § 6478102 Stat. 4381 Pub. L. 103–272, § 5(e)(2)108 Stat. 1373 Pub. L. 103–322, title XXXII, § 320101(b)108 Stat. 2108 Pub. L. 104–132, title VII, § 721(d)110 Stat. 1298 Pub. L. 104–294, title VI, § 604(b)(12)(A)110 Stat. 3507 (, ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , title XXXIII, § 330016(1)(G), (K), , , 2147; , , ; , , .)
Historical and Revision Notes
section 255 of title 22Based on , U.S.C., 1940 ed., Foreign Relations and Intercourse (R.S. § 4062).
section 111 of this titlePunishment provision was rewritten to make it more definite by substituting a maximum of $5,000 in lieu of the words “fined at the discretion of the court.” As thus revised this provision conforms with the first punishment provision of . So, also, the greater punishment provided by the second paragraph of section 111 was added to this section for offenses involving the use of dangerous weapons.
Editorial Notes
Amendments
Pub. L. 104–294Pub. L. 103–322, § 320101(b)(1)1996—Subsec. (a). repealed . See 1994 Amendment note below.
Pub. L. 104–132, § 721(d)(1)Subsec. (c). , inserted “ ‘national of the United States’,” before “and ‘official guest’ ”.
Pub. L. 104–132, § 721(d)(2)Subsec. (e). , 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.”
Pub. L. 103–322, § 330016(1)(K)1994—Subsec. (a). , substituted “under this title” for “not more than $5,000” before “or imprisoned not more than three years”.
Pub. L. 103–322, § 320101(b)(2), (3), inserted “, or inflicts bodily injury,” after “weapon” and substituted “under this title” for “not more than $10,000” before “or imprisoned not more than ten years”.
Pub. L. 103–322, § 320101(b)(1)Pub. L. 103–322, § 330016(1)(K)Pub. L. 104–294, § 604(b)(12)(A), which provided for amendment identical to , above, was repealed by .
Pub. L. 103–322, § 330016(1)(G)Subsec. (b). , in concluding provisions, substituted “under this title” for “not more than $500”.
Pub. L. 103–272section 46501(2) of title 4949 U.S.C. 1301(38)Subsec. (e). substituted “” for “section 101(38) of the Federal Aviation Act of 1958, as amended ()”.
Pub. L. 100–6901988—Subsec. (b)(3). struck out “but outside the District of Columbia” after “United States”.
Pub. L. 95–5041978—Subsec. (e). substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act.
Pub. L. 95–1631977—Subsec. (e). substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act.
Pub. L. 94–4671976— substituted “official guests, and internationally protected persons” for “and official guests” in section catchline.
Pub. L. 94–467Subsec. (a). substituted “official guest, or internationally protected person” for “or official guest” and inserted provision including any other violent attack on the person or the liberty of such official, guest, or protected person, his official premises, private accommodation, or means of transport, or any attempt thereof, as acts subject to fine or imprisonment.
Pub. L. 94–467Subsec. (b). restructured subsec. (b) and added pars. (2) and (3).
Pub. L. 94–467section 1116(c) of this titleSubsec. (c). redesignated subsec. (d) as (c), inserted “internationally protected persons”, and struck out reference to . Former subsec. (c), which related to punishment for intimidating or harassing demonstrations against foreign officials or any combination of two or more persons for such purposes, within one hundred feet of any buildings or premises owned by a foreign government located within the United States but outside the District of Columbia, was struck out.
Pub. L. 94–467Subsecs. (d) to (f). added subsecs. (e) and (f) and redesignated former subsecs. (d) and (e) as (c) and (d), respectively.
Pub. L. 92–5391972—Subsec. (a). substituted “Protection of foreign officials and official guests” for “Assaulting certain foreign diplomatic and other official personnel” in section catchline, designated existing provisions as subsec. (a), and substituted “a foreign official or official guest” for “the person of a head of foreign state or foreign government, foreign minister, ambassador or other public minister” and “act” for “acts”.
Pub. L. 92–539Subsecs. (b) to (e). added subsecs. (b) to (e).
Pub. L. 88–4931964— included heads of foreign states or governments and foreign ministers.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–294section 604(d) of Pub. L. 104–294section 13 of this titleAmendment by effective , see , set out as a note under .
Short Title of 1976 Amendment
Pub. L. 94–467, § 190 Stat. 1997
Short Title of 1972 Amendment
Pub. L. 92–539, § 186 Stat. 1070
State and Local Laws Not Superseded
Pub. L. 94–467, § 1090 Stat. 2001
Congressional Findings and Declaration of Policy
Pub. L. 92–539, § 286 Stat. 1070
“The Congress recognizes that from the beginning of our history as a nation, the police power to investigate, prosecute, and punish common crimes such as murder, kidnaping, and assault has resided in the several States, and that such power should remain with the States.
“The Congress finds, however, that harassment, intimidation, obstruction, coercion, and acts of violence committed against foreign officials or their family members in the United States or against official guests of the United States adversely affect the foreign relations of the United States.
“Accordingly, this legislation is intended to afford the United States jurisdiction concurrent with that of the several States to proceed against those who by such acts interfere with its conduct of foreign affairs.”
Federal Preemption
Pub. L. 92–539, § 386 Stat. 1073
Immunity From Criminal Prosecution
Pub. L. 88–493, § 578 Stat. 610