I 

115TH CONGRESS 

2D SESSION H. R. 4935 

To amend title 18, United States Code, to provide a penalty for assault 

against journalists, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2018 

Mr. SWALWELL of California (for himself, Mr. COHEN, Mr. CICILLINE, Mrs. 

NAPOLITANO, Ms. NORTON, Mr. CARSON of Indiana, Mrs. DINGELL, Mr. 

SOTO, Mr. KHANNA, Mr. SERRANO, Mr. RUSH, Ms. MAXINE WATERS of 

California, and Ms. MOORE) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide a penalty 

for assault against journalists, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Journalist Protection 

5 Act’’. 

6 SEC. 2. ASSAULT AGAINST JOURNALISTS. 

7 (a) IN GENERAL.—Chapter 7 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘§ 120. Assault against journalists 

2 ‘‘(a) IN GENERAL.—Whoever, in or affecting inter3 state or foreign commerce, intentionally commits, or at4 tempts to commit— 

5 ‘‘(1) an act described in subsection (b) shall be 

6 fined under this title or imprisoned not more than 

7 3 years, or both; or 

8 ‘‘(2) an act described in subsection (c) shall be 

9 fined under this title or imprisoned not more than 

10 6 years, or both. 

11 ‘‘(b) BODILY INJURY TO A JOURNALIST.—An act de12 scribed in this subsection is an act that causes a bodily 

13 injury to an individual— 

14 ‘‘(1) who is a journalist; 

15 ‘‘(2) committed with knowledge or reason to 

16 know such individual is a journalist; and 

17 ‘‘(3) committed— 

18 ‘‘(A) while such journalist is taking part in 

19 newsgathering; or 

20 ‘‘(B) with the intention of intimidating or 

21 impeding newsgathering by such journalist. 

22 ‘‘(c) SERIOUS BODILY INJURY TO A JOURNALIST.— 

23 An act described in this subsection is an act that causes 

24 a serious bodily injury to an individual— 

25 ‘‘(1) who is a journalist; 


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1 ‘‘(2) committed with knowledge or reason to 

2 know such individual is a journalist; and 

3 ‘‘(3) committed— 

4 ‘‘(A) while such journalist is taking part in 

5 newsgathering; or 

6 ‘‘(B) with the intention of intimidating or 

7 impeding newsgathering by such journalist. 

8 ‘‘(d) DEFINITIONS.—For purposes of this section: 

9 ‘‘(1) BODILY INJURY.—The term ‘bodily injury’ 

10 has the meaning given such term in section 

11 1365(h)(4) of this title. 

12 ‘‘(2) JOURNALIST.—The term ‘journalist’ 

13 means an individual who— 

14 ‘‘(A) is an employee, independent con15 tractor, or agent of an entity or service that 

16 disseminates news or information— 

17 ‘‘(i) by means of a newspaper, nonfic18 tion book, wire service, news agency, news 

19 website, mobile application or other news 

20 or information service (whether distributed 

21 digitally or otherwise), news program, 

22 magazine, or other periodical (whether in 

23 print, electronic, or other format); or 

24 ‘‘(ii) through television broadcast, 

25 radio broadcast, multichannel video proVerDate Sep 11 2014 00:17 Feb 07, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4935.IH H4935

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1 gramming distributor (as such term is de2 fined in section 602(13) of the Commu3 nications Act of 1934 (47 U.S.C. 

4 522(13))), or motion picture for public 

5 showing; and 

6 ‘‘(B) with the primary intent to investigate 

7 events or procure material in order to dissemi8 nate to the public news or information con9 cerning local, national, or international events 

10 or other matters of public interest, engages in 

11 newsgathering. 

12 ‘‘(3) NEWSGATHERING.—The term 

13 ‘newsgathering’ means engaging in the regular gath14 ering, preparation, collection, photographing, record15 ing, writing, editing, reporting, or publishing con16 cerning local, national, or international events or 

17 other matters of public interest. 

18 ‘‘(4) SERIOUS BODILY INJURY.—The term ‘seri19 ous bodily injury’ has the meaning given such term 

20 in section 1365(h)(3) of this title.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for chapter 7 of title 18, United States Code, is amended 

23 by adding at the end the following: 

‘‘120. Assault against journalists.’’. 

Æ 


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