Assaulting, kidnapping, and assassinating the government officials of the United States

Criminal law

Elements
Actus reus Mens rea Causation Concurrence
Scope of criminal liability
Accessory Accomplice Complicity Corporate Principal Vicarious
Severity of offense
Felony (or Indictable offense) Infraction (also called violation) Misdemeanor (or Summary offense)
Inchoate offenses
Attempt Conspiracy Incitement Solicitation
Offense against the person
Assassination Assault Battery Child abuse Criminal negligence Defamation Domestic violence False imprisonment Frameup Harassment Home invasion Hate crime Homicide Human trafficking Intimidation Kidnapping Menacing Manslaughter (corporate) Mayhem Murder felony Preterintention Homicide Negligent homicide Robbery Stalking Stabbing Torture
Sexual offenses
Adultery Bigamy Child sexual abuse Cybersex trafficking Fornication Homosexuality Incest Indecent exposure Masturbation Obscenity Prostitution Rape Pederasty Sex trafficking Sexual assault Sexual slavery Voyeurism
Crimes against property
Arson Arms trafficking Blackmail Bribery Burglary Cybercrime Embezzlement Extortion False pretenses Forgery Fraud Gambling Intellectual property violation Larceny Looting Payola Pickpocketing Possessing stolen property Robbery Smuggling Tax evasion Theft Trespass to land Vandalism, Mischief
Crimes against justice
Compounding Malfeasance in office Miscarriage of justice Misprision Obstruction Perjury Perverting the course of justice
Crimes against the public
Apostasy Begging Corruption Censorship violation Dueling Genocide Hostage-taking Ethnic cleansing Smuggling Illegal consumption (such as prohibition of drugs, alcohol, and smoking) Miscegenation Piracy Regicide Terrorism Usurpation War crimes
Crimes against animals
Cruelty to animals Poaching Wildlife smuggling Bestiality
Crimes against the state
Lèse-majesté Treason Espionage Secession Sedition Subversion
Defenses to liability
Actual innocence Automatism Consent Defense of property Diminished responsibility Duress Entrapment Ignorantia juris non excusat Infancy Insanity Justification Mistake (of law) Necessity Provocation Self-defense
Other common-law areas
Contracts Defenses Evidence Property Torts Wills, trusts and estates
Portals
Law
v t e

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 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. § 115 (Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), 18 U.S.C. § 351 (Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault), and 18 U.S.C. § 1751 (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."^[1] 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.^[2]

Minor assault or simple assault is usually punished as a misdemeanor with a base offense level of 4.^[3] 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.^[4] Life imprisonment or the death penalty applies in cases of successful murder.^[5] Major penalties apply to kidnapping.^[6]

References

^ United States v. Layton, 509 F. Supp. 212 (Dist. Court, ND California 1981).
^ Petersen, Mark (1982–1983), Extraterritorial Effect of Federal Criminal Statutes: Offenses Directed at Members of Congress, The, vol. 6, Hastings Int'l & Comp. L. Rev., p. 773
^ §2A2.3. Minor Assault, U.S. Sentencing Guidelines, archived from the original on 2010-06-18
^ §2A2.1. Assault with Intent to Commit Murder; Attempted Murder, U.S. Sentencing Guidelines, archived from the original on 2010-06-19
^ §2A1.1. First Degree Murder, U.S. Sentencing Guidelines, archived from the original on 2010-06-18
^ §2A4.1. Kidnapping, Abduction, Unlawful Restraint, U.S. Sentencing Guidelines, archived from the original on 2010-06-19