Crimes of Violence Committed
Against Federal Officials or Employees:
A Brief Overview of Federal Criminal Law
Charles Doyle
Senior Specialist in American Public Law
January 11, 2011
Congressional Research Service
7-5700
www.crs.gov
R41574
CRS Report for Congress
P
repared for Members and Committees of Congress
Crimes of Violence Committed Against Federal Officials and Employees
Summary
Dozens of federal statutes outlaw homicide, assault, and threats under varying jurisdictional
circumstances. Those which appear most relevant to tragic events in Tucson, AZ, are identified in
abbreviated form here.
Congressional Research Service
Crimes of Violence Committed Against Federal Officials and Employees
Contents
Introduction ................................................................................................................................ 1
Homicide .................................................................................................................................... 1
Assaults ...................................................................................................................................... 3
Threats........................................................................................................................................ 4
Contacts
Author Contact Information ........................................................................................................ 5
Congressional Research Service
Crimes of Violence Committed Against Federal Officials and Employees
Introduction
Recent tragic events in Tucson, AZ, have raised questions about the extent to which federal law
outlaws crimes of violence committed against federal officials or federal employees.1
More than a few outlaw such conduct. Murder or assault committed anywhere in the United
States is outlawed in the law of the state in which it occurs. Notwithstanding any state
prosecution, however, a number of federal laws outlaw crimes of violence committed under
various federal jurisdictional circumstances, including but not limited to the fact that crime is
committed against a Member of Congress, a federal judge, the President, or a federal employee.
The more prominent of these, with particular attention to the events in Tucson, are mentioned
briefly below.
Homicide
The federal homicide and related statutes include:
18 U.S.C. 351(a) (killing a Member of Congress, certain senior executive officials, Justices of the
Supreme Court, a Presidential or Vice Presidential candidate, or nominee to the Supreme Court)
Penalties: 1st degree murder—death or imprisonment for life or any term of years, 18 U.S.C.
1111
2d degree murder—imprisonment for life or any term of years, id.
Voluntary manslaughter—imprisonment for not more than 15 years, 18 U.S.C.1112
Involuntary manslaughter—imprisonment for not more than 8 years, id.
attempted murder or manslaughter—imprisonment for any term of years or for life, 18 U.S.C.
351(c)
conspiracy to commit murder—imprisonment for any term of years or for life, 18 U.S.C.
351(d)(or death, if death results)
18 U.S.C. 1751(a) (killing the President, Vice President, an official serving as President, or
certain senior executive officials)
Penalties: 1st degree murder—death or imprisonment for life or any term of years, 18 U.S.C.
1111
2d degree murder—imprisonment for life or any term of years, id.
Voluntary manslaughter—imprisonment for not more than 15 years, 18 U.S.C. 1112
Involuntary manslaughter—imprisonment for not more than 8 years, id.
attempted murder or manslaughter—imprisonment for any term of years or for life, 18 U.S.C.
1751
conspiracy to commit murder or manslaughter—imprisonment for any term of years or for
life, 18 U.S.C. 1751 (or death, if death results)
1 On January 9, 2011, the Justice Department filed a preliminary criminal complaint charging Jared Lee Loughner with
attempting to kill a Member of Congress and of killing and attempting to kill federal officers and employees in the
performance of the their official duties in violation of 18 U.S.C. 351(c), 1114, 1111, and 1113, U.S. Department of
Justice, Federal Complaint Filed Against Jared Lee Loughner, available at http://www.justice.gov/opa/pr/2011/
January/11-opa-022.html. If press accounts are accurate, it seems likely that Mr. Loughner will subsequently be
indicted on these and possibly other charges.
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Crimes of Violence Committed Against Federal Officials and Employees
18 U.S.C 1114 (killing a federal officer or employee (including a federal judge2 or a member of
the armed forces) during or on account of the performance of their duties or someone during or
on account of assistance provided such officers or employees)
Penalties: 1st degree murder—death or imprisonment for life or any term of years, 18 U.S.C.
1111
2d degree murder—imprisonment for life or any term of years, id.
Voluntary manslaughter—imprisonment for not more than 15 years, 18 U.S.C. 1112
Involuntary manslaughter—imprisonment for not more than 8 years, id.
attempted murder or manslaughter—imprisonment for any term of years or for life, 18 U.S.C.
1114
conspiracy to commit murder or manslaughter—imprisonment for any term of years or for
life, 18 U.S.C.1117
18 U.S.C. 930(c) (a use of firearm or dangerous weapon in federal facility to kill another)
Penalties: 1st degree murder—death or imprisonment for life or any term of years, 18 U.S.C.
1111
2d degree murder—imprisonment for life or any term of years, id.
Voluntary manslaughter—imprisonment for not more than 15 years, 18 U.S.C. 1112
Involuntary manslaughter—imprisonment for not more than 8 years, id.
attempted murder or manslaughter—imprisonment for any term of years or for life, 18 U.S.C.
1113
conspiracy to commit murder or manslaughter—imprisonment for any term of years or for
life, 18 U.S.C. 1117
18 U.S.C. 115 (murder of a former federal official or employee or the family member of a current
or former federal official or employee, in order to influence, impede, or retaliate against such
current or former federal official or employee)
Penalties: 1st degree murder—death or imprisonment for life or any term of years, 18 U.S.C.
1111
2d degree murder—imprisonment for life or any term of years, id.
attempted murder—imprisonment for any term of years or for life, 18 U.S.C. 1113
conspiracy to commit murder—imprisonment for any term of years or for life, 18 U.S.C.
1117
18 U.S.C. 1111, 1112, 1113, 1117 (homicide within the special maritime or territorial jurisdiction
of the United States (including U.S. overseas facilities and residences when committed by or
against a U.S. national, 18 U.S.C. 7(9)) also applicable when committed overseas by those
serving in, accompanying, or employed by the U.S. armed forces, 18 U.S.C. 3261)
Penalties: 1st degree murder—death or imprisonment for life or any term of years, 18 U.S.C.
1111
2d degree murder—imprisonment for life or any term of years, id.
Voluntary manslaughter—imprisonment for not more than 15 years, 18 U.S.C. 1112
Involuntary manslaughter—imprisonment for not more than 8 years, id.
attempted murder or manslaughter—imprisonment for any term of years or for life, 18 U.S.C.
1113
conspiracy to commit murder or manslaughter—imprisonment for any term of years or for
life, 18 U.S.C. 1117
2 See, e.g., United States v. Harrelson, 754 F.2d 1153 (5th Cir. 1985).
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Crimes of Violence Committed Against Federal Officials and Employees
18 U.S.C. 924(c)(use of a firearm during and in furtherance of a federal crime of violence)
Penalties: firearm is possessed—imprisonment for not less than 5 years to be served
consecutive to the sentence imposed for the crime of violence, 18 U.S.C. 924(c)
firearm is brandished—imprisonment for not less than 7 years to be served consecutive to the
sentence imposed for the crime of violence, id.
firearm is discharged—imprisonment for not less than 10 years to be served consecutive to
the sentence imposed for the crime of violence, id.
second & subsequent convictions—imprisonment for not less than 25 years to be served
consecutive to the sentence imposed for the crime of violence and any initial or subsequent
conviction for use of a firearm during and in furtherance of a federal crime of violence, id.
There are dozens of other federal homicide provisions. Many involve either a violation of some
lesser offense where death results or a homicide committed against a federal employee in relation
to enforcement of a particular federal law.3
Assaults
The federal assault statutes include:
18 U.S.C. 351(e) (assaulting a Member of Congress, certain senior executive officials, Justices of
the Supreme Court, a Presidential or Vice Presidential candidate, or nominee to the Supreme
Court)
Penalties: committed with a dangerous weapon or if personal injury results—imprisonment
for not more than 10 years
otherwise—imprisonment for not more than 1 year
18 U.S.C. 1751(e) (assaulting the President, Vice-President, an official serving as President, or
certain senior executive officials)
Penalties: committed with a dangerous weapon or if personal injury results—imprisonment
for not more than 10 years
otherwise—imprisonment for not more than 1 year
18 U.S.C 1114 (assaulting a federal officer or employee (including a federal judge or a member of
the armed forces) during or on account of the performance of their duties or someone during or
on account of assistance provided such officers or employees)
Penalties: committed with a dangerous weapon or if personal injury results—imprisonment
for not more than 20 years
resulting in physical contact or committed with intent to commit another felony—
imprisonment for not more than 8 years
otherwise—imprisonment for not more than 1 year
3 E.g., 8 U.S.C. 1324 (alien smuggling where death results); 15 U.S.C. 1825 (killing officers during or because of the
performance of their duties relating to the protection of horses in various exhibitions and auctions); 18 U.S.C. 36
(drive-by shooting where death results); 18 U.S.C. 229 (chemical weapons offense where death results); see also 18
U.S.C. 1512, 1513 (obstruction of justice).
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Crimes of Violence Committed Against Federal Officials and Employees
18 U.S.C. 115 (assaulting a former federal official or employee or the family member of a current
or former federal official or employee, in order to influence, impede, retaliate against such current
or former federal official or employee)
Penalties: committed with a dangerous weapon or if personal injury results—imprisonment
for not more than 10 years
otherwise—imprisonment for not more than 1 year
18 U.S.C. 113 (assault within the special maritime or territorial jurisdiction of the United States—
including U.S. overseas facilities and residences when committed by or against a U.S. national,
18 U.S.C. 7(9)—also applicable when committed overseas by those serving in, accompanying, or
employed by the U.S. armed forces, 18 U.S.C. 3261)
Penalties: with intent to murder—imprisonment for not more than 20 years
assault with intent to commit any other felony—imprisonment for not more than 10 years
assault with intent to harm and with a dangerous weapon—imprisonment for not more than
10 years
assault resulting in serious bodily injury—imprisonment for not more than 10 years
assault resulting in substantial bodily injury of a child under 16 years of age—imprisonment
for not more than 5 years
simple assault under 16 years of age—imprisonment for not more than 5 years
otherwise—imprisonment for not more than 6 months
18 U.S.C. 924(c)(use of a firearm during and in furtherance of a federal crime of violence)
Penalties: firearm is possessed—imprisonment for not less than 5 years to be served
consecutive to the sentence imposed for the crime of violence, 18 U.S.C. 924(c)
firearm is brandished—imprisonment for not less than 7 years to be served consecutive to the
sentence imposed for the crime of violence, id.
firearm is discharged—imprisonment for not less than 10 years to be served consecutive to
the sentence imposed for the crime of violence, id.
second & subsequent convictions—imprisonment for not less than 25 years to be served
consecutive to the sentence imposed for the crime of violence and any initial or subsequent
conviction for use of a firearm during and in furtherance of a federal crime of violence, id.
There are dozens of other federal assault provisions. Many involve assaults committed against a
federal employee in relation to enforcement of a particular federal law.4
Threats
18 U.S.C. 115 (threatening to assault, kidnap, or kill a federal official or employee, a former
federal official or employee, or the family member of a current or former federal official or
employee, in order to influence, impede, retaliate against such current or former federal official or
employee)
Penalties: threat to kidnap or kill—imprisonment for not more than 10 years
threat to assault—imprisonment for not more than 6 years
4 See, e.g., 7 U.S.C. 60 (relating to cotton standards); 16 U.S.C. 1417 (relating to international dolphin conservation);
18 U.S.C. 2114 (mail carriers), 42 U.S.C. 2283 (relating to atomic energy); see also, 18 U.S.C. 1512, 1513 (obstruction
of justice).
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Crimes of Violence Committed Against Federal Officials and Employees
18 U.S.C. 871(use of the mails to threaten to kill, kidnap, or harm the President, Vice President,
or President- or Vice President-elect)
Penalty: imprisonment for not more than 5 years
18 U.S.C. 879 (threatening to kill, kidnap, or harm a candidate for President or Vice President; a
former President or Vice President; any member of their immediate families; or any member of
the family of a President, of a Vice President, or of a President or Vice President-elect
Penalty: imprisonment for not more than 5 years
18 U.S.C. 875(c) (transmitting in interstate or foreign commerce a threat to kidnap or injure
another)
Penalty: imprisonment for not more than 5 years
18 U.S.C. 876(c) (mailing a threat to kidnap or injure)
Penalty: imprisonment for not more than 5 years (not more than 10 years if the victim is a
federal judge or other federal official or employee)
The First Amendment limits criminal proscription of a threat to “true threats.”5 There are dozens
of federal threat statutes relating to threats under more narrow jurisdictional circumstances.6
Author Contact Information
Charles Doyle
Senior Specialist in American Public Law
cdoyle@crs.loc.gov, 7-6968
5 Virginia v. Black, 538 U.S. 343, 359 (2003):
“[T]he First Amendment also permits a State to ban a ‘true threat’ Watts v. United States, 394 U.S. 705, 708
(1969).... ‘True threats’ encompass those statements where the speaker means to communicate a serious
expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.
See Watts v. United States at 708 (‘political hyperbole’ is not a true threat); R.A.V. v. City of St. Paul, 505 U.S.
[377, 388 (1992)]. The speaker need not actually intend to carry out the threat. Rather, a prohibition on true threats
‘protect[s] individuals from the fear of violence’ and ‘from the disruption that fear engenders,’ in addition to
protecting people ‘from the possibility that the threatened violence will occur.’ Ibid. Intimidation in the
constitutionally proscribable sense of the word is a type of true threat, where a speaker directs a threat to a person
or group of persons with the intent of placing the victim in fear of bodily harm or death”.
6 See, e.g., 18 U.S.C. 112 (threatening foreign dignitaries); 18 U.S.C. 241 (civil rights conspiracies); 18 U.S.C. 831
(threats to use nuclear weapons); 18 U.S.C. 1512 (obstruction of justice).
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