18 U.S.C. § 115 - Threatening Public Officials
Federal law provides robust protections for public officials, including U.S. judges, federal law enforcement officers, and certain executive and legislative officials.
Under 18 U.S. Code 115, it is a federal crime to threaten, assault, kidnap, or murder these individuals or their immediate family members with the intent to impede, intimidate, interfere, or retaliate against their official duties.
If you're accused of violating this law, you could face a significant amount of time in federal prison if convicted, underscoring the seriousness of the offense.
18 U.S. Code 115 Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member says,
"(a) (1) Whoever (A) assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under section 1114 of this title; or
(B) threatens to assault, kidnap, or murder an official, judge, Federal law enforcement officer, or an official whose killing would be a crime under such section, with intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties, shall be punished as provided in subsection (b).
(2) Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1) or a member of the immediate family of any person who formerly served as a person designated in paragraph (1), with intent to retaliate against such person on account of the performance of official duties during the term of service of such person, shall be punished as provided in subsection (b)."
What Does the Law Prohibit?
18 U.S. Code 115 outlines several prohibited behaviors. These actions include:
- Threatening to assault, kidnap, or murder a U.S. official, judge, federal law enforcement officer, or their immediate family members.
- Actually committing assault, kidnapping, or murder of the same or
- Conspiring with others to do so.
The law applies when these actions are conducted with a specific intent to either impede the official in performing their duties or retaliate for actions taken in their official capacity.
This statute also extends its protections to individuals who previously held these roles, ensuring that former officials and their families are likewise safeguarded, providing a sense of comprehensive protection.
It's important to note that given how this law is worded, the threat need not be physically carried out to violate the law; the mere act of making the threat can lead to prosecution.
What Must Be Proven to Convict?
To secure a conviction under 18 U.S.C. 115, the prosecution must prove several key elements beyond a reasonable doubt:
- Communication and/or Execution of a Threat: A statement, gesture, or other form of communication must clearly express an intent to harm. The threat can be made in person, in writing, over the phone, or online (e.g., through social media). OR the actual threatened act of assault, kidnapping, or murder must have been carried out.
- Directed at a Protected Individual or Family Member: The threat or violence must target a federal official or someone in their immediate family.
- Intent to Intimidate, Influence, or Retaliate: The prosecution must establish that the threat was made with the specific purpose of interfering with the performance of the official's duties, such as disrupting a court proceeding or an investigation, or retaliating for their actions, such as a judge's ruling or an officer's arrest.
- Credibility of the Threat: The actual intent to carry out the threat is not required; a reasonable person must perceive it as credible.
What Are Related Federal Statutes?
18 U.S. Code Chapter 7, Assault, has several related federal laws, including the following, providing a broader legal context:
- 18 U.S.C. 111 - Assaulting, resisting, or impeding certain officers or employees.
- 18 U.S.C. 112 - Protection of foreign officials, official guests, and internationally protected persons.
- 18 U.S.C. 113 - Assaults within maritime and territorial jurisdiction.
- 18 U.S.C. 114 - Maiming within maritime and territorial jurisdiction.
- 18 U.S.C. 115 - Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.
- 18 U.S.C. 116 - Female genital mutilation.
- 18 U.S.C. 117 - Domestic assault by a habitual offender.
- 18 U.S.C. 118 - Interference with certain protective functions.
- 18 U.S.C. 119 - Protection of individuals performing certain official duties.
What Are the Penalties If Convicted?
The penalties for violating 18 U.S.C. 115 vary depending on the circumstances and severity of the offense. For example:
- Simple assault: up to one year in prison.
- Assault where physical contact is made with the victim: up to 10 years in prison.
- Assault resulting in bodily injury: up to 20 years in prison.
- Assault involving a dangerous weapon; up to 30 years.
- Threats without accompanying action: up to 6 years in prison for threatened assault and up to 10 years for threats of kidnapping and/or murder.
For more extreme actions such as kidnapping or murder, penalties are guided by other sections of federal law, which often carry harsh sentences, including life imprisonment or the death penalty in certain cases. Additionally, these penalties may include significant financial fines.
What are the Common Defenses Against Charges of 18 U.S.C. 115?
Suppose you are accused of threatening a public official or their family. In that case, a skilled federal criminal defense attorney will evaluate the facts of your case and develop a tailored defense strategy. Common defenses include:
- Lack of Intent to Intimidate: The prosecution must prove that you intended to intimidate or interfere with the official's duties. If a threat was made in jest, as a joke, or in a moment of anger without actual intent, this can undermine the government's case.
- Ambiguity of the Threat: The defense may argue that the alleged threat was vague, hyperbolic, or not credible enough to be perceived as a serious intent to harm.
- Freedom of Speech: The First Amendment protects free speech, including offensive or controversial statements. If your alleged statements do not constitute a "true threat,"-which the courts define as statements intended to cause fear of harm may be protected under the Constitution. Your attorney can argue that inflammatory or hyperbolic statements were not meant to be taken literally.
- No Credible Fear: A defense attorney might show that the threat was not credible and that no reasonable person would interpret it as an actual plan to harm.
Suppose you're accused of actual assault, kidnapping, or murder of an official or their family members. In that case, your attorney's defense plan will take a different approach, including such strategies as challenging the evidence, proving lack of intent on your part, showing evidence of mistaken identity, etc.
For more information, contact Eisner Gorin LLP, a federal criminal defense law firm based in Los Angeles, California.
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