Assassinating, kidnapping, and assaulting the government officials of the United States
Encyclopedia
Assaulting, kidnapping, and assassinating the government officials of the United States, their families, and foreign dignitaries and official guests, is a crime under various statutes, including (Assaulting, resisting, or impeding certain officers or employees), (Protection of foreign officials, official guests, and internationally protected persons), (Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), (Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault), and (Presidential and Presidential staff assassination, kidnapping, and assault). Senator Robert Byrd
stated, in introducing the bill that became 18 U.S.C. 351, "This legislation is needed to protect representative democracy. Passage would help guarantee the right of any Member of Congress to fulfill his constitutional duties and responsibilities as an elected official of our country." Until 1982, the legislation was silent as to the court's reach, but now it has been clarified that the court has extraterritorial jurisdiction
over these offenses.
Minor assault or simple assault is usually punished as a misdemeanor
with a base offense level of 4. When physical contact occurs or a deadly weapon
is possessed and threatened, it typically escalates to a felony
with a higher offense level, and when injury occurs, the penalties increase still further. When there was intent to commit murder
, still higher penalties apply. Life imprisonment
or the death penalty applies in cases of successful murder. Major penalties apply to kidnapping
. The official victim
enhancement applies to many of these offenses.
. The 1978 death of Congressman Leo J. Ryan, then a member of the United States House of Representatives from the 11th Congressional District of California, and the wounding of Richard Dwyer, the Deputy Chief of Mission for the United States in the Republic of Guyana, occurred as a result of a violation of these statutes.
Robert Byrd
Robert Carlyle Byrd was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010...
stated, in introducing the bill that became 18 U.S.C. 351, "This legislation is needed to protect representative democracy. Passage would help guarantee the right of any Member of Congress to fulfill his constitutional duties and responsibilities as an elected official of our country." Until 1982, the legislation was silent as to the court's reach, but now it has been clarified that the court has extraterritorial jurisdiction
Extraterritorial jurisdiction
Extraterritorial jurisdiction is the legal ability of a government to exercise authority beyond its normal boundaries.Any authority can, of course, claim ETJ over any external territory they wish...
over these offenses.
Minor assault or simple assault is usually punished as a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
with a base offense level of 4. When physical contact occurs or a deadly weapon
Deadly weapon
A deadly weapon, sometimes dangerous weapon, is a statutory definition listing certain items which can inflict mortal or great bodily harm. In addition, deadly weapon statutes often contain "catch all" provisions which describe abilities used to designate other implements as deadly weapons.Whether...
is possessed and threatened, it typically escalates to a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
with a higher offense level, and when injury occurs, the penalties increase still further. When there was intent to commit murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, still higher penalties apply. Life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
or the death penalty applies in cases of successful murder. Major penalties apply to kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
. The official victim
Official victim
The official victim enhancement is a 3- or 6-level increase under the U.S. Sentencing Guidelines that applies when a person knowingly commits a crime against a government official and is motivated by that person's status...
enhancement applies to many of these offenses.
Instances
A conviction was upheld for a 1976 incident in which a protestor spat in the face of Senator Henry M. JacksonHenry M. Jackson
Henry Martin "Scoop" Jackson was a U.S. Congressman and Senator from the state of Washington from 1941 until his death...
. The 1978 death of Congressman Leo J. Ryan, then a member of the United States House of Representatives from the 11th Congressional District of California, and the wounding of Richard Dwyer, the Deputy Chief of Mission for the United States in the Republic of Guyana, occurred as a result of a violation of these statutes.
See also
- Threatening the President of the United StatesThreatening the President of the United StatesThreatening the President of the United States is a class D felony under United States Code Title 18, Section 871. It consists of knowingly and willfully mailing or otherwise making "any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States"...
- Threatening the government officials of the United StatesThreatening the government officials of the United StatesThreatening the government officials of the United States is a serious crime under federal law. Threatening the President of the United States is a Class D felony under , punishable by 5 years of imprisonment, that is investigated by the United States Secret Service...
- Threatening terrorism against the United StatesThreatening terrorism against the United StatesThreatening terrorism against the United States is a class C felony punishable by 10 years imprisonment under . The elements of the offense are that someone willfully threatens to commit a crime that will result in death or great bodily harm; the threat is made with the specific intent that it be...
- List of United States presidential assassination attempts and plots