18 U.S.C. § 2231 | Assault or resistance

(a)

Whoever forcibly assaults, resists, opposes, prevents, impedes, intimidates, or interferes with any person authorized to serve or execute search warrants or to make searches and seizures while engaged in the performance of his duties with regard thereto or on account of the performance of such duties, shall be fined under this title or imprisoned not more than three years, or both; and—

(b)

Whoever, in committing any act in violation of this section, uses any deadly or dangerous weapon, shall be fined under this title or imprisoned not more than ten years, or both.

June 25, 1948, ch. 645 62 Stat. 802 Pub. L. 103–322, title XXXIII, § 330016(1)(K)Sept. 13, 1994108 Stat. 2147(, ; , (L), , .)

Historical and Revision Notes

Mar. 4, 1909, ch. 321, § 65 35 Stat. 1100 June 15, 1917, ch. 30 40 Stat. 230 May 18, 1934, ch. 299 48 Stat. 780 Feb. 8, 1936, ch. 40 49 Stat. 1105 June 26, 1936, ch. 830 49 Stat. 1940July 1, 193953 Stat. 1433 June 13, 1940, ch. 359 54 Stat. 391Based on title 18, U.S.C., 1940 ed., §§ 121, 253, 254, 628 (, ; , title XI, § 18, ; , §§ 1, 2, , 781; , ; , title I, § 3, ; Reorg. Plan No. II, § 4(f), eff. , 4 Fed. Reg. 2731, ; , ).

section 628 of title 18Section consolidates , U.S.C., 1940 ed., and the portion of section 121 of said title relating to resistance of persons authorized to make searches.

section 121 of title 18 Act of June 15, 1917, ch. 30, title XIII, § 1 40 Stat. 231Punishment provided by , U.S.C., 1940 ed., was $2,000 fine and imprisonment for 1 year. Section 628 of said title was part of Espionage , , prescribing fine of not more than $1,000 and imprisonment not exceeding 2 years for resisting service, execution of search warrant, or assaulting an officer.

Section 253 of title 18, U.S.C., 1940 ed., enumerated United States marshals, deputies, and assistants, Federal Bureau of Investigation agents, and numerous other officers, the killing of whom is denounced as a Federal offense.

Section 254 of title 18, U.S.C., 1940 ed., denounced the assaulting of such officers and prescribed punishment therefor without regard to nature of duties involved or performed.

In other words sections 253 and 254 of title 18, U.S.C., 1940 ed., were not limited to officers executing search warrants.

section 253 of title 18Officers enumerated in , U.S.C., 1940 ed., were substantially all those who serve or execute search warrants. Therefore, the language and punishment under section 254 of said title constitute basis of this revised section. No change in legislative intent is involved, as the amendments of sections 253 and 254 of said title are the latest enactments.

section 121 of title 18The provisions of , U.S.C., 1940 ed., relating to rescue of property from seizing officer or its destruction to prevent seizure, are incorporated in sections 2232 and 2233 of this title.

Minor changes were made in translation and phraseology.

Editorial Notes

Amendments

Pub. L. 103–322, § 330016(1)(K)1994—Subsec. (a). , substituted “fined under this title” for “fined not more than $5,000”.

Pub. L. 103–322, § 330016(1)(L)Subsec. (b). , substituted “fined under this title” for “fined not more than $10,000”.