Order Code RL32082
CRS Report for Congress
Received through the CRS Web
The Unborn Victims of
Violence Act of 2003:
“Separate Offense” Provisions
and Penalties
September 9, 2003
George Mangan
Senior Paralegal Specialist
American Law Division
Congressional Research Service ˜
The Library of Congress
The Unborn Victims of Violence Act of 2003: “Separate
Offense” Provisions and Penalties
Summary
The Unborn Victims of Violence Act (H.R. 1997, S. 146, and S. 1019, 108th
Congress) would establish a separate offense category for conduct causing injury to,
or the death of, a “child ... in utero,” with certain specified exceptions. This report
briefly summarizes the principal features of the bill and provides digests of the
relevant portions of the criminal statutes whose violation would cause the “separate
offense” provisions to operate if injury or death to the child in utero results. For a
more detailed discussion and analysis of the proposed Act, see CRS Report RS21550,
The Unborn Victims of Violence Act of 2003, by Jon O. Shimabukuro.
Contents
Title 18, United States Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Title 21, United States Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Title 42, United States Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Title 10, United States Code [Armed Forces] Chapter 47,
Uniform Code of Military Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
The Unborn Victims of Violence Act of 2003:
“Separate Offense” Provisions and Penalties
The Unborn Victims of Violence Act ( H.R. 1997, S. 146, S. 1019) would create
a “separate offense” category for conduct causing the death of, or bodily injury to, a
“child ... in utero” at the time of the violation of any of a list of cited provisions of
Federal criminal law. Under this new category, the punishment for the “separate
offense” would be the same as that which would obtain under each statute had the
victim been the mother. Proof would not be required that the perpetrator either knew
that the victim of the underlying offense was pregnant or intended to cause death or
bodily injury.
An “unborn child” is defined in the bill as “a child in utero,” and “child in
utero” is in turn defined as “a member of the species homo sapiens, at any stage of
development, who is carried in the womb.”
The intentional killing of a child in utero, or the attempt, would be punished as
provided under sections 1111, 1112, and 1113 of Title 18, United States Code
(murder, manslaughter, and attempted murder or manslaughter, respectively).
The bill would exclude the prosecution of any pregnant woman with respect to
her pregnancy, persons providing medical treatment, and “... any person for conduct
relating to an abortion for which the consent of the pregnant woman, or a person
authorized by law to act on her behalf, has been obtained or for which such consent
is implied by law [.]”
The bill also specifically excludes the death penalty from the sentencing options
for the “separate offense” against a child in utero, whether or not a sentence of death
is an option contained in the underlying statute.
The digests that follow provide summaries of those portions of statutes listed
in the bills which concern crimes against persons, and the associated penalties; as far
as possible, the property crime provisions have been excluded.
For a more detailed discussion and analysis of the proposed Act, see CRS
Report RS21550,
The Unborn Victims of Violence Act of 2003, by Jon O.
Shimabukuro.
CRS-2
Title 18, United States Code
1.
§ 36. Drive-by shooting
Conduct causing grave risk to human life is punishable by no more than 25
years imprisonment, or fine, or both. First degree murder is punishable under
this section by death, imprisonment for any term of years or for life, or fine, or
both. Any murder other than first degree murder is punishable by imprisonment
for any term of years or life, or fine, or both.
2.
§ 37. Violence at international airports
If the act committed endangers or is likely to endanger safety at an international
airport, the punishment may be not more than 20 years in prison, fine, or both.
If the death of any person results, punishment may be death or imprisonment for
any term of years or for life.
3.
§ 43. Animal enterprise terrorism
A violation causing serious bodily injury to a person may be punished by
imprisonment for not more than 20 years, or a fine, or both. A violation causing
death may be punished by imprisonment for life or for any term of years, and a
fine.
4.
§ 111. Assaulting, resisting, or impeding certain officers or employees
Simple assault is punishable by imprisonment for not more than 1 year, or a
fine, or both. All other cases may be punished by fine or imprisonment for not
more than 8 years, or both. A violation involving the use of a deadly or
dangerous weapon or the infliction of bodily injury may be punished by fine or
imprisonment for not more than 20 years, or both.
5.
§ 112. Protection of foreign officials, official guests, and internationally
protected persons
Violation of this section is punishable by imprisonment for not more than 3
years, or a fine, or both. If the violation involves the use of a deadly or
dangerous weapon, the punishment is imprisonment for not more than 10 years,
or a fine, or both.
6.
§ 113. Assaults within maritime and territorial jurisdiction
•
Assault with intent to commit murder is punishable by imprisonment for
not more than 20 years.
•
Assault with intent to commit any felony is punishable by imprisonment
for not more than 10 years, or fine, or both.
CRS-3
•
Assault with a dangerous weapon with the intent to cause bodily harm and
without just cause or excuse is punishable by imprisonment for not more
than 10 years, or fine, or both.
•
Assault by striking, beating, or wounding is punishable by imprisonment
for not more than six months, or fine, or both.
•
Simple assault is punishable by imprisonment for not more than six
months, or fine, or both. If the victim is under 16 years of age, the
violation is punishable by imprisonment for not more than 1 year, or fine,
or both.
•
Assault resulting in serious bodily injury is punishable by imprisonment
for not more than 10 years, or fine, or both.
•
Assault resulting in substantial bodily injury to a person under the age of
16 is punishable by imprisonment for not more than 5 years, or fine, or
both.
7.
§ 114. Maiming within maritime and territorial jurisdiction
Maiming or disfiguring with the intent to torture, occurring within the special
maritime and territorial jurisdiction of the United States, is punishable by
imprisonment for not more than 20 years, or fine, or both.
8.
§ 115. Influencing, impeding, or retaliating against a Federal official by
threatening or injuring family member
•
By assault–punishable as provided in § 111,
ante.
•
By kidnapping–punishable as provided in § 1201,
post.
•
By murder, attempted murder, or conspiracy to murder– punishable as provided
in §§ 1111, 1113, and 1117,
post.
•
A threat made in violation of this section is punishable by a fine or
imprisonment for not more than 10 years, or both, except that a threatened
assault is punishable by not more than 6 years in prison.
9.
§ 229 (Chemical weapons– Prohibited activities) and § 229A (Penalties)
A violation is punishable by imprisonment for any term of years, or fine, or
both, or, if the violation results in the death of another person, by death or life
imprisonment.
10.
§ 242. Deprivation of rights under color of law
•
Violation of section is punishable by fine or imprisonment for not more than 1
year, or both.
CRS-4
•
If bodily injury results, or if the violation involves the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire, the penalty is
imprisonment for not more than 10 years, or fine, or both.
•
If death results, or if the acts include kidnapping or attempt to kidnap,
aggravated sexual abuse or attempted aggravated sexual abuse, or attempt to
kill, the penalty is fine, imprisonment for any term of years or for life, or
sentence of death.
11.
§ 245. Federally protected activities
Section concerns the deprivation of specified civil rights, whether by actions
under color of law or not.
•
If bodily injury results from acts committed in violation of section or if acts
include the use or threatened use of a dangerous weapon, explosives, or fire, the
penalty is not more than 10 years in prison, or fine, or both.
•
If death results, or if the acts committed in violation of section include
kidnapping, attempted kidnapping, aggravated sexual abuse or attempt, or an
attempt to kill, the penalty is fine or imprisonment for any term of years or life,
or both, or death.
12.
§ 247. Damage to religious property; obstruction of persons in the free
exercise of religious beliefs
•
If death results, or if the acts committed in violation of section include
kidnapping or attempted kidnapping, aggravated sexual abuse or attempt, or
attempt to kill, the penalty is fine and imprisonment for any term of years, or
sentence of death.
•
If bodily injury results, including injury to any public safety officer in the course
of duty, and the violation is by means of fire or explosives, the penalty is fine
or imprisonment for not more than 40 years, or both.
•
If bodily injury results, including injury to any public safety officer in the course
of duty,
or if the acts committed in violation of section include the use,
attempted use, or threatened use of a dangerous weapon, explosives, or fire, the
penalty is fine and imprisonment for not more than 20 years, or both. [Section
reads verbatim: “... fine in accordance with this title and imprisonment for not
more than 20 years, or both ....” § 247(d)(3).]
•
For any other violation, the penalty is fine and imprisonment for not more than
1 year, or both. [Same language as above.]
13.
§ 248. Freedom of access to clinic entrances
If bodily injury results from violation of section, the length of imprisonment
shall be not longer than 10 years, and if death results, shall be for any term of
years or life.
CRS-5
14.
§ 351.
Congressional, Cabinet, and Supreme Court assassination,
kidnapping, and assault; penalties
•
Killing of specified legislative, executive, and judicial branch officials is
punishable as provided in §§ 1111 and 1112,
post.
•
Kidnapping of such officials is punishable (1) by imprisonment for any term of
years or life, or (2) by death, or imprisonment for any term of years or life, if the
kidnapping results in death.
•
The attempt to kill or kidnap such officials is punishable by imprisonment for
any term of years or life.
•
Conspiracy to kill or kidnap such officials, if one or more conspirator(s)
commit(s) any act(s) to further the object of the conspiracy, is punishable (1) by
imprisonment for any term of years or life, or (2) by death or imprisonment for
any term of years or life, if death results.
•
Assault committed against any specified official is punishable by fine or
imprisonment for not more than 1 year, or both. If the assault involves the use
of a dangerous weapon, or if personal injury results, the punishment is fine or
imprisonment for not more than 10 years, or both.
15.
§ 831. Prohibited transactions involving nuclear materials
Section penalizes various acts concerning the unlawful receipt, possession,
transfer, or disposal of nuclear material or nuclear by-product material, or the
unlawful obtaining of nuclear material by intimidation or threat, or the
threatened or actual use of nuclear material to cause death or bodily injury.
Penalties range from no more than 10 years in prison (for conspiracy; more
serious conspiracy violation punishable by not more than 20 years) to
imprisonment for any term of years or life (for the knowing commission of an
offense which causes death).
16.
§ 844(d). [Explosive materials– Penalties]
Transportation or receipt (or the attempt to transport or receive) of explosives
with the knowledge or intent that it will be used to kill, injure, or intimidate any
person or unlawfully to damage property, is punishable by not more than 10
years in prison or fine, or both. If personal injury results, including injury to a
public safety officer engaged in duties related to the enforcement of this section,
the penalty is imprisonment for not more than 20 years, or fine, or both. If death
results, the penalty is imprisonment for any term of years, life imprisonment, or
death.
17.
§ 844(f)(2), (f)(3). [Explosive materials– Penalties]
Causing personal injury by prohibited conduct with explosives, or creating a
substantial risk of injury, carries a penalty of not less than 7 years in prison and
not more than 40, or fine, or both.
CRS-6
Directly or proximately causing the death of any person through prohibited
conduct with explosives, including that of a public safety officer performing
official duties, is punishable by death, or imprisonment for not less than 20
years or life, or fine, or both.
18.
§ 844(h)(1). [Explosive materials– Penalties]
Use of fire or explosives to commit any federal felony offense is punishable by,
in addition to the punishment prescribed for the felony offense, an additional 10
years imprisonment. A second or subsequent offense is punishable by 20 years.
No probation or suspension of sentence for this violation is permitted, and the
sentence may not run concurrently with the sentence for any other offense,
“including that imposed for the felony in which the explosive was used or
carried.”
19.
§ 844(i). [Explosive materials– Penalties]
Directly or proximately causing personal injury to any person, including a
public safety
officer on duty, in the course of maliciously damaging or
destroying property used in interstate or foreign commerce (or attempting to do
so), is an offense punishable by not less than 7 years and not more than 40 years
in prison, or fine, or both. If death results to any person, including a public
safety officer on duty, the penalty shall be imprisonment for any term or years,
or death, or life imprisonment.
20.
§ 924(j). (Penalties)
Use of a firearm in the course of a drug trafficking crime or crime of violence,
resulting in the death of a person, shall (1) if the killing is murder (as defined
in § 1111,
post) be punished by death or imprisonment for any term of years or
life, or (2) if the killing is manslaughter as defined in § 1112,
post, be punished
as provided in that section.
21.
§ 930. Possession of firearms and dangerous weapons in Federal facilities
Killing any person in a Federal facility other than a Federal court while in
knowing possession of a firearm or other dangerous weapon, or attacking such
a facility so armed, or attempting or conspiring to do so, is punishable as
provided in §§ 1111, 1112, 1113, and 1117,
post.
22.
§ 1111. Murder
“Murder is the unlawful killing of a human being with malice aforethought.”
First degree murders are those committed with poison, by lying in wait, or are
otherwise “willful, deliberate, malicious, and premeditated;” or are perpetrated
in the course or arson, escape, murder, kidnapping, treason, espionage, sabotage,
aggravated sexual abuse or sexual abuse, burglary, or robbery, or the attempt of
these; or “perpetrated from a premeditated design unlawfully and maliciously
to effect the death of any human being other than him who is killed....” Any
other murder is second degree murder.
CRS-7
When committed within the special maritime and territorial jurisdiction of the
United States, first degree murder is punishable by death or life imprisonment.
Second degree murder is punishable by imprisonment for any term of years or
life.
23.
§1112. Manslaughter
“Manslaughter is the unlawful killing of a human being without malice.”
Voluntary manslaughter is committed in a sudden quarrel or in the heat of
passion. Involuntary manslaughter is perpetrated in the commission of an
unlawful act not amounting to a felony, or “in the commission in an unlawful
manner, or without due caution and circumspection, of a lawful act which might
produce death.”
When committed within the special maritime and territorial jurisdiction of the
United States, voluntary manslaughter is punishable by imprisonment for not
more than 10 years, or fine, or both. Involuntary manslaughter is punishable by
imprisonment for not more than 6 years, or fine, or both.
24.
§ 1113. Attempt to commit murder or manslaughter
Except as provided in § 113 (of Title 18, Assaults within maritime and
territorial jurisdiction),
supra, attempted murder within the special maritime and
territorial jurisdiction of the United States is punishable by imprisonment for
not more than 20 years, or fine, or both. Attempted manslaughter is punishable
by not more than 7 years, or fine, or both.
25.
§ 1114. Protection of officers and employees of the United States
Killing or the attempt to kill any United States officer or employee (including
any member of the uniformed services) engaged in official duties, or any person
assisting them, is punishable:
•
In the case of murder, as under § 1111,
supra;
•
In the case of manslaughter, as under § 1112,
supra;
•
In the case of attempted murder or manslaughter, as under § 113,
supra.
26.
§ 1116. Murder or manslaughter of foreign officials, official guests, or
internationally protected persons
Killing or the attempt to kill such individuals is punishable as provided in §§
1111, 1112, and 1113,
supra.
27.
§ 1118. Murder by a Federal prisoner
A prisoner who commits either first or second degree murder while confined in
a Federal correctional facility serving a term of life imprisonment (or an
CRS-8
unexecuted sentence of death, or a sentence commuted to life, or a sentence of
at least 15 years to life) shall be punished by death or by life imprisonment.
28.
§ 1119. Foreign murder of United States nationals
A United States national who kills or attempts to kill another United States
national while outside the United States (but within another country’s
jurisdiction) shall be punished as provided in §§ 1111, 1112, and 1113.
Prosecutions under this section may not be initiated if a foreign country has
previously undertaken prosecution for the same conduct, and must be approved
in writing by the Attorney General, the Deputy Attorney General, or an
Assistant Attorney General.
The Attorney General must determine, in
consultation with the Secretary of State, that the killing or attempt took place in
a country in which the person is no longer present, and that the country lacks the
ability to lawfully secure the person’s return.
29.
§ 1120. Murder by escaped prisoners
Escapees who kill a person shall be punished as provided in §§ 1111 and 1112,
supra.
30.
§ 1121. Killing persons aiding Federal investigations or State correctional
officers
Intentional killing of State or local law enforcement officers, or others working
with Federal law enforcement, who are engaged in official duties, providing
assistance, or are targeted because of their official position, is punishable by
imprisonment for not less than 20 years, or life, or sentence of death.
31.
§ 1153(a). Offenses committed within Indian country
Any Indian committing murder, manslaughter, kidnapping, maiming, felony
sexual abuse, incest, assault with intent to commit murder, assault with a
dangerous weapon, assault resulting in serious bodily injury, assault against a
person under the age of 16, arson, burglary, robbery, or felony theft of personal
property, is subject to the same law and penalties as anyone committing such
crimes within the exclusive jurisdiction of the United States. Any listed offense
not covered by Federal law shall be defined and punished in accordance with the
law of the State in which the offense was committed.
32.
§ 1201(a). Kidnapping
Kidnapping is punishable by imprisonment for any term of years or for life, and
if death results, by sentence of death or life imprisonment.
33.
§ 1203. Hostage taking
Punishable by imprisonment for any term of years or for life, and if death
results, by death or life imprisonment.
CRS-9
34.
§ 1365(a). Tampering with consumer products
If death results, tampering is punishable by imprisonment for any term of years
or for life, or fine, or both. If serious bodily injury results, the punishment is
imprisonment for not more than 20 years, or fine, or both. In any other case,
tampering is punishable by imprisonment for not more than 10 years, or fine, or
both. Attempted tampering is punishable by imprisonment for not more than
10 years, or fine, or both.
35.
§ 1501. Assault on process server
Obstructing, resisting, or opposing service of legal or judicial writ or process of
any Federal court, or assaulting, beating, or wounding the authorized server
thereof, is punishable– except as otherwise provided by law– by fine or
imprisonment for not more than 1 year, or both.
36.
§ 1503. Influencing or injuring officer or juror generally
Under this section, a killing is punishable as under §§ 1111 and 1112,
supra.
An attempted killing, or a case in which the offense was committed against a
petit juror and the trial involved the charge of a Class A or B felony, is
punishable by imprisonment for not more than 20 years, or fine, or both. In all
other cases, the penalty is imprisonment for not more than 10 years, or fine, or
both.
37.
§ 1505. Obstruction of proceedings before departments, agencies, and
committees
Violation is punishable by imprisonment for not more than 5 years, or fine, or
both.
The offense may involve the use of force or threat(s) of force, but the section
does not specifically apply any separate punishment levels for killing, bodily
injury, etc.
38.
§ 1512. Tampering with a witness, victim, or an informant
In the case of murder, as defined in § 1111, such tampering is punishable by
death or life imprisonment; any other killing is punishable as under § 1112.
Attempted murder, or the use or attempted use of physical force, is punishable
by imprisonment for not more than 20 years. The threat of the use of physical
force is punishable by imprisonment for not more than 10 years.
39.
§ 1513. Retaliating against a witness, victim, or an informant
The killing or attempted killing of a person with the intent to retaliate for that
person’s appearance at an official proceeding, or for testimony given, or for that
person’s provision of information to law enforcement officers concerning the
commission (or possible commission) of a Federal crime or parole or release
violation, is punishable as provided in §§ 1111 and 1112, in the case of a
CRS-10
killing, and by imprisonment for not more than 20 years, in the case of an
attempt.
40.
§ 1751. Presidential and Presidential staff assassination, kidnapping, and
assault; penalties
•
The killing of the President, President-elect, the Vice President, or if there is no
Vice President, the official next in the line of succession, or any person lawfully
and constitutionally acting as President, or certain appointees in the Executive
Office of the President or Office of the Vice President, is punishable as under
§§ 1111 and 1112.
•
Kidnapping of these individuals is punishable by imprisonment for any term of
years or for life, or, if death results, by death or imprisonment for any term of
years or for life.
•
The attempt to kill or kidnap such persons is punishable by imprisonment for
any term or years or for life.
•
Conspiracy to kill or kidnap such persons is punishable by any term of years or
life, or, if death results, by death or imprisonment for any term of years or life.
•
Assault against the above officials, except the appointees, is punishable by not
more than 10 years in prison, or fine, or both. Assault against the appointees is
punishable by not more than 1 year in prison, or fine, or both, except that if the
assault involves the use of a dangerous weapon, or if personal injury results, the
punishment is imprisonment for not more than 10 years, or fine, or both.
41.
§ 1864. Hazardous or injurious devices on Federal lands
Section concerns the use of a hazardous or injurious device on Federal land or
Indian lands with the intent to violate the Controlled Substances Act, to interfere
with the harvesting of timber, or with reckless disregard to the danger of risk of
bodily injury or death to another “under circumstances manifesting extreme
indifference to such risk.” Such a device is defined to include trip guns,
ammunition attached to trip wires, sharpened stakes, and other potentially
injurious items.
•
If death results from a violation, the penalty is imprisonment for any term of
years or for life, or fine, or both.
•
If serious bodily injury results, imprisonment for not more than 40 years, or fine,
or both.
•
If bodily injury results, not more than 20 years in prison, or fine, or both.
•
If property damage occurs or if expenditures to remedy the danger posed by the
device(s) exceed $10,000 in the aggregate, not more than 20 years in prison, or
fine, or both.
CRS-11
•
In any other case, imprisonment for not more than 1 year, or fine, or both.
42.
§ 1951. Interference with commerce by threats or violence
Commission or threat of physical violence against persons or property in the
course of interference with commerce is punishable by not more than 20 years
in prison, or fine, or both.
43.
§ 1952(a)(1)(B), (a)(2)(B), and (a)(3)(B). Interstate or foreign travel or
transportation in aid of racketeering enterprises
Interstate or foreign travel, or use of the mail or any facility of interstate or
foreign commerce with intent to distribute the proceeds of illegal activities,
commit a crime of violence in furtherance of illegal activities, or otherwise
“promote, manage, establish, carry on, or facilitate the promotion, management,
establishment, or carrying on, of any unlawful activity,” if followed by the
commission or attempted commission of a crime of violence in furtherance of
illegal activities, is punishable by imprisonment for not more than 20 years, or
fine, or both. If death results, the penalty is imprisonment for any term of years
or for life.
44.
§ 1958. Use of interstate commerce facilities in the commission of murder-
for-hire
Traveling or causing another (including a victim) to travel in interstate or
foreign commerce, or using the mail or any other facilities of interstate or
foreign commerce (or causing a victim to do so), with the intent that murder be
committed in exchange for the receipt or promised payment of anything of
pecuniary value, or conspiring to do so, is punishable by imprisonment for not
more than 10 years, or a fine, or both. If personal injury results, then penalty is
imprisonment for not more than 20 years, or a fine, or both. If death results, the
penalty is death or life imprisonment, or a fine of not more than $250,000, or
both.
45.
§ 1959. Violent crimes in aid of racketeering activity
Murder, kidnapping, maiming, assault with a dangerous weapon, assault
resulting in serious bodily injury, or the threat to commit a crime of violence,
in exchange for the payment of anything of pecuniary value derived from a
racketeering enterprise; or committed with the purpose of gaining entrance into
or maintaining or increasing position within a racketeering enterprise, or the
attempt or conspiracy, is punishable as follows:
•
In the case of murder, by death or life imprisonment, or a fine, or both;
•
In the case of kidnapping, by imprisonment for any term of years or life, or a
fine, or both;
•
In the case of maiming, by imprisonment for not more than 30 years, or a fine,
or both.
CRS-12
•
In the case of assault with a dangerous weapon, or assault resulting in serious
bodily injury, by imprisonment for not more than 20 years, or a fine, or both.
•
For threatening to commit a crime of violence, by imprisonment for not more
than 5 years, or a fine, or both.
•
For attempting or conspiring to commit murder or kidnapping, by imprisonment
for not more than 10 years, or a fine, or both.
•
For attempting or conspiring to commit a crime involving maiming, assault with
a dangerous weapon, or assault resulting in serious bodily injury, by
imprisonment for not more than 3 years, or a fine, or both.
46.
§ 1992. Wrecking trains
Willfully causing damage to or destroying trains or associated railroad
equipment is punishable, if death results, by the death penalty or by life
imprisonment. Conspiracy to commit the offense is, if death results, punishable
by life imprisonment.
47.
§ 2113. Bank robbery and incidental crimes
Assault committed in the course of bank robbery or attempted bank robbery, or
the use of a dangerous weapon or device, is punishable by imprisonment for not
more than 25 years, or a fine, or both. Killing or kidnapping in the course of
bank robbery, or in avoiding or attempting to avoid apprehension for the
offense, or in escape or attempted escape from arrest or confinement for such
an offense, is punishable by imprisonment for not less than 10 years; if death
results, by penalty of death or life imprisonment.
48.
§ 2114. Mail, money, or other property of the United States
Assault upon any person having official custody of any mail, money, or other
property of the United States, in the course of robbery or attempted robbery, is
punishable, for the first offense, by imprisonment for not more than 10 years.
If the person having custody is wounded in the robbery or attempt, or if a
dangerous weapon is used, the penalty is imprisonment for not more than 25
years. A subsequent offense is punishable by 25 years in prison.
49.
§ 2116. Railway or steamboat post office
Willful or malicious assault upon or interference with the duties of any postal
clerk conducting postal business in a postal railway car, or in any portion of a
railway car, steamboat, or vessel reserved for postal use, is punishable by
imprisonment for not more than 3 years, or fine, or both.
CRS-13
50.
§ 2118. Robberies and burglaries involving controlled substances
•
Assaulting or jeopardizing the life of any person by the use of any dangerous
weapon or device, in the commission of a violation of this section, is punishable
by not more than 25 years in prison, or a fine, or both.
•
A killing in the course of the commission of a violation of this section is
punishable by imprisonment for any term of years or for life, or a fine, or both.
•
Conspiracy to violate this section is punishable by not more than 10 years in
prison.
•
The theft or attempted theft of a controlled substance through force, violence,
or intimidation, if another person is killed or suffers significant bodily injury,
is punishable, other than as above, by imprisonment for not more than 20 years,
or fine, or both.
•
Burglary with the intent to steal a controlled substance, or the attempt, is
punishable, other than as above, by imprisonment for not more than 20 years,
or fine, or both, if another person is killed or suffers significant bodily injury as
a result of the burglary or attempt.
51.
§ 2119. Motor vehicles
The taking of a motor vehicle by force and violence, or by intimidation, with the
intent to cause death or serious bodily harm, or the attempt to do so, is
punishable by imprisonment for not more than 15 years, or a fine, or both. If
serous bodily injury results, the penalty is imprisonment for not more than 25
years, or a fine, or both. If death results, the penalty is imprisonment for any
term of years or for life, or a fine, or both, or sentence of death.
52.
§ 2191. Cruelty to seamen
The infliction of flogging, beating, or wounding on the crew of any vessel of the
United States by the master or an officer of that vessel, while on the high seas
or within the special maritime and territorial jurisdiction; or the unjustified
imprisonment of any of the crew; or the withholding of food; or the imposition
of any corporal or other cruel and unusual punishment, is punishable by
imprisonment for not more than 5 years, or a fine, or both.
53.
§ 2231. Assault or resistance
Forcible resistance to the lawful serving or execution of a search warrant or
search and seizure performed by an authorized person in the course of duty,
including assault, impeding, intimidation, or other interference, is an offense
punishable by imprisonment for not more than 3 years, or a fine, or both. A
violation involving the use of any deadly or dangerous weapon is punishable by
imprisonment for not more than 10 years, or a fine, or both.
CRS-14
54.
§ 2241(a). Aggravated sexual abuse (by force or threat)
Within the special maritime and territorial jurisdiction of the United States, or
in a Federal prison, causing a person to engage in a sexual act by the use of
force or by threatening the infliction of death, serious bodily injury, or
kidnapping upon any person, is punishable by imprisonment for any term of
years or life, or a fine, or both.
55.
§ 2245. Sexual abuse resulting in death
Sexual abuse resulting in death is punishable by death or imprisonment for any
term of years or for life.
56.
§2261. Interstate domestic violence
Traveling in interstate or foreign commerce, or entering or leaving Indian
country, with the intent to kill, injure, harass, or intimidate a spouse or intimate
partner, if the travel in its course or as a result involves the commission of a
crime of violence against that spouse or intimate partner; or by force, coercion,
duress, or fraud causing the victim to travel; is punishable by:
•
Imprisonment for life or any term of years, if death results.
•
Imprisonment for not more than 20 years, if permanent disfigurement or life-
threatening bodily injury results.
•
Imprisonment for not more than 10 years, if serious bodily injury results or if
a dangerous weapon is used.
•
Penalties ranging from 1 year in prison, and a fine, or both, to sentence of death,
or imprisonment for any term of years or life, for the commission of acts which
would also constitute a violation of the provisions of Chapter 109A of Title 18
(§§ 2241-2248), concerning various sexual abuse offenses. Chapter 109A
applies to offenses committed in the special maritime and territorial jurisdiction
of the United States or in a federal prison; this provision (§ 2261(b)(4)) is
applicable without regard to such jurisdiction.
•
In any other case, imprisonment for not more than 5 years, or a fine, or both.
57.
§ 2261A. Interstate stalking
Traveling in interstate or foreign commerce, or within the special maritime and
territorial jurisdiction of the United States, or entering or leaving Indian country,
with the intent to kill, injure, harass, or intimidate another person, which in the
course of or as a result of such travel, causes that person reasonable fear of
death or serious bodily injury, or the death or serious bodily injury of an
immediate family member or spouse or intimate partner, is punishable as under
§ 2261,
supra. Such travel with the intent to kill or injure a person in another
state or tribal jurisdiction, or within the special maritime and territorial
jurisdiction; or to place another person in any of those jurisdictions in
CRS-15
reasonable fear of death or serious bodily injury, to themselves or an immediate
family member or spouse or intimate partner; or the use of the mail or any
facility of interstate or foreign commerce to cause such reasonable fear, is
punishable as under § 2261.
58.
§ 2280. Violence against maritime navigation
Injuring or killing any person in the course of endangering the safe navigation
of a ship by seizing or taking control of the ship by force, threat of force, or
intimidation; or by performing an act of violence against any person; or by
destroying the ship or damaging cargo; or by placing or causing to be placed on
board a destructive device or substance; or by destroying or seriously damaging
maritime navigational facilities or seriously interfering with their operation; or
by knowingly communicating false information under circumstances in which
it may reasonably be believed; is punishable by imprisonment for not more than
20 years, or a fine, or both. Conspiring or attempting to commit any of these
offenses carries the same penalty.
If death results under any of these
circumstances, the punishment is sentence of death or imprisonment for any
term of years or life.
59.
§ 2281. Violence against maritime fixed platforms
The injury or killing of any person in the course of seizing control of a fixed
platform by force, threat of force, or other form of intimidation; or in the course
of endangering the platform’s safety by performing an act of violence against
any person on board, or by destroying or damaging the platform, or by placing
or causing to be placed on it a destructive device or substance; or the attempt or
conspiracy to do so; is punishable by not more than 20 years in prison, or a fine,
or both. If death results, the penalty is sentence of death or imprisonment for
any term of years or for life.
60.
§ 2332. Criminal penalties [for acts of terrorism]
No prosecution under this section may be undertaken without written
certification of the Attorney General (or highest ranking subordinate with the
responsibility for criminal prosecutions) that the offense was intended to coerce,
intimidate, or retaliate against a government or a civilian population.
•
The killing of a national of the United States while that person is outside the
U.S., if murder as defined in § 1111,
supra, is punishable by death or by
imprisonment for any term of years or for life, or fine, or both. If the killing is
voluntary manslaughter as defined in § 1112,
supra, the punishment is
imprisonment for not more than 10 years, or a fine, or both. If the killing is
involuntary manslaughter as defined in § 1112, the punishment is imprisonment
for not more than 3 years, or a fine, or both.
•
Any person outside the United States who attempts to kill a U.S. national may
be punished, in the case of murder as defined in § 1111, by imprisonment for
not more than 20 years, or a fine, or both. Conspiracy to commit murder may
be punished by imprisonment for any term of years or for life, or a fine, or both.
CRS-16
•
Whoever outside the United States engages in physical violence with the intent
to cause serious bodily injury to a U.S. national, or with the result that serious
bodily injury is caused to a U.S. national, may be punished by imprisonment for
not more than 10 years, or a fine, or both.
61.
§ 2332a. Use of certain weapons of mass destruction
The use, or threatened use, or conspiracy to use, a weapon of mass destruction
against a U.S. national outside the U.S., or against any person inside the U.S.
if the results affect interstate or foreign commerce (or if the threat, attempt, or
conspiracy would have affected it), is punishable by imprisonment for any term
of years or for life. If death results, the punishment is sentence of death or
imprisonment for any term of years or for life. A U.S. national who, acting
without lawful authority, uses or threatens or conspires to use such a weapon
outside the United States is subject to the same penalties and conditions.
62.
§ 2332b. Acts of terrorism transcending national boundaries
The commission of acts of terrorism involving conduct transcending national
boundaries in violation of the laws of the United States or any State, is
punishable as detailed below.
Punishable offenses are:
•
Killing, maiming, committing an assault resulting in serious bodily harm, or
assaulting with a dangerous weapon any person within the United States.
•
Creating a substantial risk of serious bodily injury by destroying or damaging
any structure, conveyance, or other real or personal property within the United
States.
•
Threatening to commit any of the above acts, or attempting or conspiring to do
so.
Violation of this section is punishable:
•
In the case of a killing, or death resulting from any other conduct prohibited by
the section, by death or by imprisonment for any term of years or life.
•
In the case of kidnapping, by imprisonment for any term of years or for life.
•
For maiming, by imprisonment for not more than 35 years.
•
In the case of assault with a dangerous weapon or assault resulting in serious
bodily injury, by imprisonment for not more than 30 years.
•
In the case of destroying or damaging any structure, conveyance, or real or
personal property, by imprisonment for not more than 25 years.
CRS-17
•
For attempting or conspiring to commit an offense, by imprisonment for any
term of years up to the maximum punishment applicable had the offense been
completed.
•
In the case of threatening to commit an offense under the section, by
imprisonment for not more than 10 years.
Sentences under this section may not run concurrently with sentences for any
other offense, and probation is not available.
Extraterritorial jurisdiction is asserted over the offenses listed in this section,
and over any threat, attempt, or conspiracy to commit them, and over conduct
rendering any person an accessory after the fact to any of these offenses.
63.
§ 2340A. Torture
Commission of or the attempt to commit torture outside the United States is
punishable by imprisonment for not more than 20 years, or a fine, or both. If
death results, the offense is punishable by death or imprisonment for any term
of years or for life.
The U.S. acquires jurisdiction over the matter if the alleged offender is a U.S.
national, or if the alleged offender is present in the U.S., regardless of the
nationality of the alleged offender or victim.
Conspiracy to commit torture is punishable by imprisonment for not more than
20 years, or a fine, or both, or, if death results, by imprisonment for any term of
years or for life.
64.
§ 2441. War crimes
Commission of a war crime, as defined in specified international agreements,
inside or outside the United States, whether by a member of the U.S. armed
forces or a U.S. national or against any such person, is punishable by
imprisonment for any term of years or for life, or a fine, or both, or, if death
results to any victim, by sentence of death or the other penalties.
Title 21, United States Code
65.
§ 848(e) (§ 408(e) of the Controlled Substances Act of 1970). Continuing
criminal enterprise [Death penalty]
This section, popularly known as the “Drug Kingpin Act,” provides that anyone
engaged in or working in furtherance of a continuing criminal enterprise, or
committing serious Controlled Substances Act violations, who intentionally
kills another person or who counsels, commands, induces, procures, or causes
a killing, be punished by imprisonment for any term of years, but not less than
20 years, or life, or sentence of death.
CRS-18
Killing a law enforcement officer while attempting to avoid being taken in
custody for a felony controlled substance offense is punishable by imprisonment
for any term of years, but not less than 20 years, or life, or sentence of death.
Counseling, commanding, inducing, procuring, or causing another to perform
such a killing is punishable by the same penalties.
Title 42, United States Code
66.
§ 2283 (§ 202 of the Atomic Energy Act f 1954). Protection of nuclear
inspectors
The killing of a nuclear facility inspector, while that person is engaged in
inspection duties or on account of those duties, is punishable as under §§ 1111
and 1112 of Title 18,
supra.
Forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering
with a nuclear facility inspector, while that person is engaged in inspection
duties or on account of those duties, is punishable as under § 111 of Title 18,
supra.
Title 10, United States Code [Armed Forces]
Chapter 47, Uniform Code of Military Justice
67.
§ 918. Murder
The unlawful killing of a human being, without justification or excuse,
committed by premeditated design or in the course of the perpetration or
attempted perpetration of burglary, sodomy, rape, robbery, or aggravated arson,
is punishable by death or imprisonment for life as a court martial may direct.
If the murder is committed with the intent to kill or inflict great bodily harm, or
while engaged in an act which is inherently dangerous to another and evidences
wanton disregard of human life, the punishment shall be as a court martial
directs.
68.
§§ 919(a) and 919(b)(2). Manslaughter
Voluntary manslaughter is the unlawful killing of a human being in the heat of
sudden passion caused by adequate provocation, committed with intent to kill
or inflict great bodily harm. Involuntary manslaughter may occur during the
perpetration or attempted perpetration of an offense directly affecting the
person, other than burglary, sodomy, rape, robbery, or aggravated arson, and is
committed without the intent to kill or inflict great bodily harm. Both are
punishable as directed by a court martial.
69.
§ 920(a). Rape
Rape is the commission of an act of sexual intercourse, by force and without
consent, and is punishable by death or as directed by a court martial.
CRS-19
70.
§ 922. Robbery
Robbery is the taking, with intent to steal, of anything of value from another,
without consent, by means of force or fear of immediate or future injury to the
victim’s person, property, or family, and is punishable as directed by a court
martial.
71.
§ 924. Maiming
The infliction of injury with the intent to injure, disfigure, or disable, which has
the effect of seriously disfiguring the victim’s appearance, or “destroy[ing] or
disabl[ing] any member or organ of his body,” or “seriously diminish[ing] his
physical vigor by the injury of any member or organ,” constitutes maiming and
is punishable as a court martial directs.
72.
§ 926. Arson
The willful and malicious burning or setting afire any structure the perpetrator
knows to be inhabited is aggravated arson, and is punishable as directed by a
court martial. Any other willful and malicious burning of the property of
another constitutes simple arson, and is punishable as a court martial directs.
73.
§ 928. Assault
An attempt or offer to do bodily harm to another person, with unlawful force,
whether or not consummated, constitutes assault and is punishable as a court
martial directs.
Assault with a dangerous weapon or other means or force likely to inflict death
or grievous bodily harm, or intentionally inflicting grievous bodily harm with
or without a weapon in the course of an assault, is aggravated assault, and is
punishable as a court martial directs.
74.
§ 880. Attempts [generally]
An attempt consists of an act done with specific intent, amounting to more than
mere preparation, to commit an offense, and tending, even if failing, to
accomplish the commission of the offense. It is punishable at the direction of
a court martial, unless otherwise specified. An individual covered under the
Uniform Code of Military Justice may be convicted of the attempt to commit
an offense even if it appears at trial that the offense was consummated.