Notes on 18 U.S.C. § 115 : US Code - Notes

Search Notes on 18 U.S.C. § 115 : US Code - Notes

(Added Pub. L. 98-473, title II, Sec. 1008(a), Oct. 12, 1984, 98
Stat. 2140; amended Pub. L. 99-646, Secs. 37(a), 60, Nov. 10, 1986,
100 Stat. 3599, 3613; Pub. L. 100-690, title VI, Sec. 6487(f)[b],
Nov. 18, 1988, 102 Stat. 4386; Pub. L. 101-647, title XXXV, Sec.
3508, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322, title
XXXIII, Secs. 330016(2)(C), 330021(1), Sept. 13, 1994, 108 Stat.
2148, 2150; Pub. L. 104-132, title VII, Secs. 723(a), 727(b), Apr.
24, 1996, 110 Stat. 1300, 1302; Pub. L. 107-273, div. B, title IV,
Sec. 4002(b)(9), div. C, title I, Sec. 11008(c), Nov. 2, 2002, 116
Stat. 1808, 1818.)
AMENDMENTS
2002 - Subsec. (b)(2). Pub. L. 107-273, Sec. 4002(b)(9),
substituted "or attempted kidnapping of, or a conspiracy to kidnap,
a person" for ", attempted kidnapping, or conspiracy to kidnap of a
person".
Subsec. (b)(4). Pub. L. 107-273, Sec. 11008(c), substituted "10"
for "five" and "6" for "three".
1996 - Subsec. (a)(1)(A). Pub. L. 104-132, Sec. 723(a)(1),
inserted "or conspires" after "attempts".
Subsec. (a)(2). Pub. L. 104-132, Sec. 727(b)(1), which directed
insertion of ", or threatens to assault, kidnap, or murder, any
person who formerly served as a person designated in paragraph (1),
or" after "assaults, kidnaps, or murders, or attempts to kidnap or
murder", was executed by making the substitution after "assaults,
kidnaps, or murders, or attempts or conspires to kidnap or murder"
to reflect the probable intent of Congress and the amendment by
Pub. L. 104-132, Sec. 723(a)(1). See below.
Pub. L. 104-132, Sec. 723(a)(1), inserted "or conspires" after
"attempts".
Subsec. (b)(2). Pub. L. 104-132, Sec. 723(a)(2), substituted ",
attempted kidnapping, or conspiracy to kidnap" for "or attempted
kidnapping" in two places.
Subsec. (b)(3). Pub. L. 104-132, Sec. 723(a)(3), substituted ",
attempted murder, or conspiracy to murder" and ", 1113, and 1117"
for "or attempted murder" and "and 1113", respectively.
Subsec. (d). Pub. L. 104-132, Sec. 727(b)(2), added subsec. (d).
1994 - Subsec. (b)(2). Pub. L. 103-322, Sec. 330021(1),
substituted "kidnapping" for "kidnaping" in two places.
Subsec. (b)(4). Pub. L. 103-322, Sec. 330016(2)(C), substituted
"fine under this title" for "fine of not more than $5,000".
1990 - Subsec. (c)(4). Pub. L. 101-647 substituted "the Central"
for "The Central".
1988 - Subsec. (a). Pub. L. 100-690 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows:
"Whoever assaults, kidnaps, or murders, or attempts 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
threatens 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 such section with
intent to impede, intimidate, interfere with, or retaliate against
such official, judge or law enforcement officer while engaged in or
on account of the performance of official duties, shall be punished
as provided in subsection (b)."
1986 - Subsec. (a). Pub. L. 99-646, Sec. 60, substituted "section
1114 of this title, or threatens 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 such section" for "18 U.S.C. 1114, as amended,", "while
engaged" for "while he is engaged", and "official duties" for "his
official duties".
Subsec. (b)(2). Pub. L. 99-646, Sec. 37(a), inserted "for the
kidnapping or attempted kidnapping of a person described in section
1201(a)(5) of this title".
CHANGE OF NAME
Reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as
the head of the intelligence community deemed to be a reference to
the Director of National Intelligence. Reference to the Director of
Central Intelligence or the Director of the Central Intelligence
Agency in the Director's capacity as the head of the Central
Intelligence Agency deemed to be a reference to the Director of the
Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
108-458, set out as a note under section 401 of Title 50, War and
National Defense.
"United States magistrate judge" substituted for "United States
magistrate" in subsec. (c)(3) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
TRANSFER OF FUNCTIONS
For transfer of the functions, personnel, assets, and obligations
of the United States Secret Service, including the functions of the
Secretary of the Treasury relating thereto, to the Secretary of
Homeland Security, and for treatment of related references, see
sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.