18 U.S.C. § 1501 | Assault on process server

Whoever knowingly and willfully obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge; or

Whoever assaults, beats, or wounds any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process—

Shall, except as otherwise provided by law, be fined under this title or imprisoned not more than one year, or both.

June 25, 1948, ch. 645 62 Stat. 769 Pub. L. 90–578, title IV, § 402(b)(2)Oct. 17, 196882 Stat. 1118 Pub. L. 101–650, title III, § 321Dec. 1, 1990104 Stat. 5117 Pub. L. 103–322, title XXXIII, § 330016(1)(F)Sept. 13, 1994108 Stat. 2147(, ; , , ; , , ; , , .)

Historical and Revision Notes

Mar. 4, 1909, ch. 321, § 140 35 Stat. 1114Based on title 18, U.S.C., 1940 ed., § 245 (, ).

The phrase “Except as otherwise expressly provided by law” was inserted because sections 2231, 2232, and 2233 of this title provide greater penalties for obstructing service of search warrants.

Mandatory provisions were rephrased in the alternative.

Minor changes were made in phraseology.

Editorial Notes

Amendments

Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $300” in last par.

Statutory Notes and Related Subsidiaries

Change of Name

section 321 of Pub. L. 101–650 section 631 of Title 28 Pub. L. 90–578“United States magistrate judge” substituted for “United States magistrate” in text pursuant to , set out as a note under , Judiciary and Judicial Procedure. Previously, “United States magistrate” substituted for “United States commissioner” pursuant to . See chapter 43 (§ 631 et seq.) of Title 28.

section 321 of Pub. L. 101–650 section 631 of Title 28Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to , set out as a note under .

Short Title of 2002 Amendment

Pub. L. 107–204, title VIII, § 801July 30, 2002116 Stat. 800

section 523 of Title 11 section 1658 of Title 28“This title [enacting sections 1348, 1514A, 1519, and 1520 of this title, amending , Bankruptcy, and , Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 994 and 1658 of Title 28] may be cited as the ‘Corporate and Criminal Fraud Accountability Act of 2002’.”

, , , provided that:

Short Title of 1982 Amendment

Pub. L. 97–291, § 1Oct. 12, 198296 Stat. 1248

“That this Act [enacting sections 1512 to 1515, 3579, and 3580 of this title, amending sections 1503, 1505, 1510, and 3146 of this title and Rule 32 of the Federal Rules of Civil Procedure, and enacting provisions set out as notes under sections 1512 and 3579 of this title] may be cited as the ‘Victim and Witness Protection Act of 1982’.”

, , , provided: