Omar Bennett
18 U.S.C. § 115 prohibits threatening, assaulting, kidnapping, or murdering a United States official, judge, federal law enforcement officer, or their immediate family members with the intent to impede, intimidate, interfere with, or retaliate against their official duties. A threat made in violation of this section can result in imprisonment for up to 10 years and/or a fine. The law covers all employees of the United States Government, including active-duty military personnel. To secure a conviction, the prosecution must prove beyond a reasonable doubt the communication or execution of a threat, the targeted individual or family member, and the intent to intimidate, influence, or retaliate.
| Characteristics | Values |
|---|---|
| Type of crime | Threatening, assaulting, kidnapping, or murdering a federal official or their family member |
| Purpose | To impede, intimidate, interfere with, or retaliate against a federal official |
| Communication | A statement, gesture, or other form of communication expressing intent to harm |
| Target | A federal official or someone in their immediate family |
| Intent | To interfere with the performance of the official's duties |
| Punishment | Fine, imprisonment for not more than 10 years, or both |
Explore related products
What You'll Learn
- Threatening to assault, kidnap or murder a US official
- Threatening to assault, kidnap or murder a US judge
- Threatening to assault, kidnap or murder a federal law enforcement officer
- Threatening to assault, kidnap or murder an official whose killing would be a crime
- Threatening to assault, kidnap or murder a former federal employee
Threatening to assault, kidnap or murder a US official
Threatening to assault, kidnap, or murder a US official is a federal crime under 18 U.S.C. § 115. This statute is designed to protect federal officials and their family members from threats or acts of violence intended to impede, intimidate, or interfere with their official duties.
The definition of a "US official" under this statute includes the President, President-elect, Vice President, Vice President-elect, Members of Congress, members-elect of Congress, and members of the executive branch who are heads of departments listed in 5 U.S.C. § 101. It also includes former federal officials and employees, such as former Members of Congress or former Supreme Court Justices.
To secure a conviction under 18 U.S.C. § 115, the prosecution must prove several key elements beyond a reasonable doubt. Firstly, they must establish that a threat was communicated, which can be in the form of a statement, gesture, or other means, and that it clearly expressed an intent to harm. The threat can be conveyed in person, in writing, over the phone, or online.
Secondly, the threat must be directed at a protected individual, which includes US officials, judges, federal law enforcement officers, and other officials, as well as their immediate family members.
Lastly, the prosecution must demonstrate that the threat was made with the specific intent to impede, intimidate, or interfere with the official's duties or to retaliate against them because of their official duties. It is important to note that the threat does not need to be physically carried out to violate the law; the act of making the threat is sufficient for prosecution.
The penalties for violating 18 U.S.C. § 115 are severe and can include imprisonment for up to 10 years, a fine, or both. However, if the threatened assault is against a US official, the maximum imprisonment is limited to 6 years.
Commerce Powers: Confederate vs. US Constitution
You may want to see also
Threatening to assault, kidnap or murder a US judge
The definition of a "US judge" under this statute includes any judicial officer of the United States, including Supreme Court justices and magistrate judges. The law covers both current and former federal employees, including judges.
To secure a conviction under this statute, the prosecution must prove several key elements beyond a reasonable doubt. Firstly, there must be a clear expression of intent to harm, made through a statement, gesture, or other communication, either in person, in writing, over the phone, or online. The threat must be directed at a protected individual, in this case, a US judge. Secondly, the prosecution must establish that the threat was made with the specific purpose of interfering with the judge's performance of their official duties or with the intent to retaliate against them for carrying out those duties.
It is important to note that the threat need not be physically carried out to violate the law; the act of making the threat is sufficient for prosecution. If convicted, an individual can face imprisonment for up to 10 years, a fine, or both.
New York Times v. US: Constitutional or Unconstitutional?
You may want to see also
Threatening to assault, kidnap or murder a federal law enforcement officer
Threatening to assault, kidnap, or murder a federal law enforcement officer is a violation of 18 U.S.C. § 115, which is a federal crime. The statute prohibits anyone from threatening to assault, kidnap, or murder a federal official, which includes federal law enforcement officers.
The purpose of this provision is to provide comprehensive protection to federal officials and their families from any attempts to impede, intimidate, or interfere with the performance of their official duties. The statute covers not only threats made directly to federal officials but also to their immediate family members.
To violate the statute, the government must prove that the defendant intentionally or knowingly communicated the threat, regardless of whether they intended or were able to carry it out. The definition of "federal law enforcement officer" under the statute includes any officer, agent, or employee of the United States authorized by law or a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of federal criminal law.
The penalties for violating 18 U.S.C. § 115 include a fine, imprisonment for up to 10 years, or both. However, imprisonment for a threatened assault is limited to a maximum of 6 years. These penalties are designed to deter anyone from making threats against federal officials and their families and to protect the safety and integrity of those serving in federal law enforcement roles.
Who Can Vote? Eligibility Under the Constitution
You may want to see also
Explore related products
Threatening to assault, kidnap or murder an official whose killing would be a crime
Threatening to assault, kidnap, or murder a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under 18 U.S.C. § 1114 is a serious offence.
Who is protected under 18 U.S.C. § 115?
The statute protects a wide range of individuals, including:
- United States officials, including the President, Vice President, Members of Congress, and members of the executive branch.
- United States judges, including Supreme Court justices and magistrate judges.
- Federal law enforcement officers, including agents and employees authorised to engage in or supervise the prevention, detection, investigation, or prosecution of federal criminal law violations.
- Other officials whose killing would be a crime under 18 U.S.C. § 1114, such as those contracted by the Federal Protective Service.
What constitutes a threat under 18 U.S.C. § 115?
A threat under this statute is typically communicated with the intent to impede, intimidate, or interfere with the official's performance of their duties or to retaliate against them for carrying out those duties. The threat can be made in person, in writing, over the phone, or online, and it must be intentionally and knowingly communicated, even if there is no actual intent to carry it out.
Penalties for violating 18 U.S.C. § 115
Violating this statute carries significant penalties, including imprisonment of up to 10 years and/or a fine for threats of kidnapping and murder. Imprisonment for threatened assault is limited to 6 years. These penalties underscore the seriousness of making threats against protected individuals under this statute.
Constitutional and Absolutist Systems: Commonalities and Differences
You may want to see also
Threatening to assault, kidnap or murder a former federal employee
Threatening to assault, kidnap, or murder a former federal employee is a violation of 18 U.S.C. § 115, which prohibits influencing, impeding, or retaliating against a federal official by threatening or injuring a family member. The statute defines a "federal law enforcement officer" as any officer, agent, or employee of the United States authorised to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of federal criminal law.
The statute specifies that threatening to assault, kidnap, or murder a former federal employee or a member of their immediate family is a violation. The threat must be made with the intent to impede, intimidate, interfere with, or retaliate against the former federal employee on account of the performance of their official duties during their term of service.
The statute further clarifies that the government must prove that the defendant intentionally or knowingly communicated the threat, regardless of their intent or ability to carry it out.
Violations of this statute are punishable by a fine, imprisonment for not more than 10 years, or both. However, imprisonment for a threatened assault shall not exceed 6 years.
It is important to note that 18 U.S.C. § 115 also protects family members of all federal employees, including former federal employees, against assault, kidnapping, murder, attempts to kidnap or murder, and threats to assault, kidnap, or murder.
Compromises in the Constitution: A Complex Legacy
You may want to see also
Frequently asked questions
The law protects a "United States official", which includes the President, President-elect, Vice President, Vice President-elect, a Member of Congress, a member-elect of Congress, a member of the executive branch who is the head of a department listed in 5 U.S.C. § 101, or the Director of the Central Intelligence Agency.
A threat under this section is defined as a statement, gesture, or other form of communication that clearly expresses an intent to harm. The threat can be communicated in person, in writing, over the phone, or online.
The threat must target a federal official or someone in their immediate family.
The threat must be made with the specific purpose of interfering with the performance of the official's duties, such as disrupting a court process. The prosecution must prove that the defendant intentionally or knowingly communicated the threat, not that they intended or were able to carry it out.
A threat made in violation of this section is punishable by a fine or imprisonment for a term of not more than 10 years, or both. Imprisonment for a threatened assault is limited to 6 years.
![Civil RICO , 18 U.S.C. ss. 1961-1968 : a manual for federal attorneys / prepared by the staff of the Organized Crime and Racketeering Section, United States Department of Justice, Wash [Leather Bound]](https://m.media-amazon.com/images/I/61kelb6mFML._AC_UY218_.jpg)
