18 U.S.C. § 115 is a law of utmost seriousness, forbidding threatening, assaulting, kidnapping, or killing federal officials or their immediate family with the purpose of influencing or retaliating against their official duties. To violate this law, the act must aim to either interfere with the official while executing their duties or retaliate against them for doing so.
A person breaks this law if they threaten, assault, kidnap, or kill a federal official or their immediate family. The act must be committed with the intent to hinder, intimidate, or interfere with them while they are performing their duties.
The law pertains to numerous federal officials, such as judges, federal law enforcement officers, and others whose killing would constitute a crime under a different law (18 U.S.C. 1114). It also includes the immediate family members of these officials, demonstrating the comprehensive nature of this legislation.
The law was broadened to cover threats, assaults, kidnappings, or murders targeting former federal employees with the aim of retaliating against them for their previous official actions.
In simple terms, federal law offers strong protections for public officials such as U.S. judges, federal law enforcement officers, and specific executive and legislative officials. If you're accused of breaking this law and found guilty, you could serve a substantial prison sentence, highlighting the severity of the crime.
What is Outlined in Section 115?
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 Forbid?
Section 18 U.S. Code 115 specifies several illegal actions, including:
- Threatening to attack, kidnap, or kill a U.S. official, judge, federal law enforcement officer, or their immediate family.
- Actually committing assault, kidnapping, or murder of the same or
- Conspiring with others to commit so.
The law applies when these actions are done with the specific intent to either impede an official's duties or retaliate against them for their official actions.
It also protects individuals who previously served in these roles, including their families, offering broad protection. Importantly, because of the way this law is written, a threat doesn't need to be physically carried out to be unlawful; simply making the threat can be a violation of the law.
What Needs to be Proven to Secure a Conviction?
To achieve a conviction under 18 U.S.C. 115, the prosecution is required to establish several essential elements beyond a reasonable doubt.
- A communication, whether a statement, gesture, or other form, must explicitly convey an intent to cause harm. The threat can be delivered in person, in writing, over the phone, or online (for example, via social media). Alternatively, the actual act of assault, kidnapping, or murder that is threatened must have been carried out.
- The threat or violence must be directed at a federal official or their immediate family member. The prosecution needs to prove that the threat was intended specifically to interfere with the official's duties, such as disrupting a court case or investigation, or to retaliate for their actions, like a judge's decision or an officer's arrest.
- The actual intent to execute the threat isn't necessary; it must be reasonable for a person to perceive it as credible. This means that if a reasonable person would believe the threat, it may constitute a violation of the law.
What Are Federal Statutes That Are Related?
18 U.S. Code Chapter 7, Assault, encompasses several related federal laws that offer a broader legal framework, including the following.
- 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 Upon Conviction?
The penalties for violating U.S.C. 115 differ based on the specific circumstances and the seriousness of the offense. For example:
- Simple assault: punishable by up to one year in prison.
- Assault involving physical contact with the victim can result in up to 10 years of imprisonment.
- Assault causing bodily injury: punishable by up to 20 years in prison.
- Assault with a dangerous weapon; sentences can reach up to 30 years.
- Threats made without action can lead to up to 6 years in prison for threatening assault and up to 10 years for threats of kidnapping and/or murder.
For more severe actions like kidnapping or murder, penalties are determined by different federal laws that often impose severe sentences, such as life imprisonment or, in some cases, the death penalty. These punishments may also involve substantial financial consequences and fines.
Common Defenses Against Charges 18 U.S.C. 115
If you're accused of threatening a public official or their family, an experienced federal criminal defense lawyer will evaluate your case and develop a tailored defense strategy. Common defenses include:
- Lack of Intent to Intimidate: The prosecution needs to show that you deliberately aimed to intimidate or disrupt the official's duties. If the threat was made as a joke, in jest, or out of anger without real intent, it can weaken the government's case.
- Ambiguity of the Threat: The defense might claim that the supposed threat was ambiguous, exaggerated, or lacked sufficient credibility to be considered a genuine intention to cause harm.
- Freedom of Speech: The First Amendment safeguards free speech, even if it includes offensive or controversial remarks. If your statements are not considered a "true threat," which courts define as statements made with the intent to harm, the Constitution might protect them. Your lawyer can contend that inflammatory or exaggerated statements were not meant to be understood literally.
- No Credible Fear: A defense attorney could argue that the threat was not believable and that a reasonable person would not see it as a genuine plan to cause harm.
If you're accused of serious crimes like assault, kidnapping, or murder of an official or their family, your defense strategy will differ. It may involve challenging the evidence, demonstrating a lack of intent, or presenting evidence of mistaken identity. For more details, contact Eisner Gorin LLP, a federal criminal defense law firm in Los Angeles, California.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,