I 
109TH CONGRESS 
2D SESSION 
H. R. 6253 
To modernize, shorten, and simplify the Federal criminal code. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2006 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To modernize, shorten, and simplify the Federal criminal 
code. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Criminal Code Mod-
ernization and Simplification Act of 2006’’. 
SEC. 2. REVISION OF PART I OF TITLE 18, UNITED STATES 
CODE. 
Part I of title 18, United States Code, is to read as 
follows: 
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PART I—GENERAL PROVISIONS AND 
OFFENSES 
Chapter 
Section 
1. Definitions ................................................................................
3. Criminal responsibility .......................................................
5. Other general provisions ....................................................
10. Violent crimes against persons ......................................
101 
13. Sex crimes ..............................................................................
201 
15. National security and related crimes ..........................
261 
17. Drug crimes ...........................................................................
401 
19. Organized crime ...................................................................
501 
21. Arson, firearms, explosives, and weapons crimes ..
571 
23. Theft and related crimes ..................................................
641 
25. Fraud and false statement crimes ................................
771 
27. Crimes related to Federal Government respon-
sibilities .......................................................................
851 
29. Crimes related to protection of government func-
tions and integrity ...................................................
991 
31. International law crimes ..................................................
1251 
33. Transportation related crimes .......................................
1301 
35. Regulatory crimes ...............................................................
1371 
37. Privacy .....................................................................................
1481 
50. Forfeiture ................................................................................
1601 
CHAPTER 1—DEFINITIONS 
Sec. 
1.
Definitions for title. 
§ 1. Definitions for title 
In this title, the following definitions apply unless other-
wise provided: 
The term ‘‘agency’’ means any department, inde-
pendent establishment, commission, administration, author-
ity, board or bureau of the United States or any corpora-
tion in which the United States has a proprietary interest 
unless the context shows that such term was intended to 
be used in a more limited sense. 
The term ‘‘bodily injury’’ means— 
(A) a cut, abrasion, bruise, burn, or disfigurement; 
(B) physical pain; 
(C) illness; 
(D) impairment of the function of a bodily mem-
ber, organ, or mental or sensory faculty; or 
(E) any other injury to the body, no matter how 
temporary. 
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The term ‘‘child’’ means an individual who is less 
than 18 years of age. 
The term ‘‘court of the United States’’ includes 
the District Court of Guam, the District Court for the 
Northern Mariana Islands, and the District Court of the 
Virgin Islands. 
The term ‘‘crime of violence’’ means— 
(A) an offense that has as an element the use, at-
tempted use, or threatened use of physical force against 
the person or property of another, or 
(B) any other offense that is a felony and that, by 
its nature, involves a substantial risk that physical 
force against the person or property of another may be 
used in the course of committing the offense. 
The term ‘‘department’’ means one of the executive 
departments enumerated in section 1 of title 5, unless the 
context shows that such term was intended to describe the 
executive, legislative, or judicial branches of the govern-
ment. 
The term ‘‘facility of interstate or foreign 
commerce’’ includes a means of transportation and com-
munication in or affecting interstate or foreign commerce; 
The term ‘‘Federal health care offense’’ means 
a violation of— 
(A) section 656, 792, 806, or 1141; 
(B) section 504, 652, 654, 772, 782, 801, 803, or 
1017 if the violation relates to a health care benefit 
program. 
The term ‘‘financial institution’’ means— 
(A) an institution, with deposits insured by the 
Federal Deposit Insurance Corporation; 
(B) the Federal Reserve or a member of the Fed-
eral Reserve including any Federal Reserve Bank; 
(C) a credit union with accounts insured by the 
National Credit Union Administration; 
(D) a member of the Federal home loan bank sys-
tem and any home loan bank; 
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(E) any institution of the Farm Credit System 
under the Farm Credit Act of 1971; 
(F) a broker-dealer registered with the Securities 
and Exchange Commission pursuant to section 15 of 
the Securities Exchange Act of 1934; 
(G) the Securities Investor Protection Corporation; 
(H) a branch or agency of a foreign bank (as such 
terms are defined in paragraphs (1) and (3) of section 
1(b) of the International Banking Act of 1978); and 
(I) an organization operating under section 25 or 
section 25(a) of the Federal Reserve Act. 
The term ‘‘foreign commerce’’ means commerce 
with a foreign country. 
The term ‘‘foreign government’’except in sections 
102, 112, 121, 144, or 959, includes any government, fac-
tion, or body of insurgents within a country with which the 
United States is at peace, irrespective of recognition by the 
United States. 
The term ‘‘health care benefit program’’ 
means any public or private plan or contract, affecting 
commerce, under which any medical benefit, item, or serv-
ice is provided to any individual, and includes any indi-
vidual or entity who is providing a medical benefit, item, 
or service for which payment may be made under the plan 
or contract. 
The term ‘‘interstate commerce’’ means com-
merce between two States. 
The term ‘‘national of the United States’’ has 
the meaning given in section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22)). 
The term ‘‘national bank’’ is synonymous with 
‘‘national banking association’’; 
The term ‘‘obligation or other security of any 
foreign government’’ includes uncanceled stamps, 
whether or not demonetized. 
The term ‘‘organization’’ means a person other 
than an individual. 
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The term ‘‘person’’ and the term ‘‘whoever’’, un-
less the context otherwise requires, include any entity capa-
ble of holding a legal or beneficial interest in property as 
well as an individual, and where used as a victim of an of-
fense, includes a government. 
The term ‘‘petty offense’’ means a Class B mis-
demeanor, a Class C misdemeanor, or an infraction, for 
which the maximum fine is no greater than the amount set 
forth for such an offense in section 3571(b)(6) or (7) in 
the case of an individual or section 3571(c)(6) or (7) in the 
case of an organization. 
The term ‘‘Postal Service’’ means the United 
States Postal Service established under title 39, and every 
officer and employee of that Service, whether or not such 
officer or employee has taken the oath of office. 
The term ‘‘serious bodily injury’’ means— 
(A) bodily injury which involves— 
(i) a substantial risk of death or unconscious-
ness; 
(ii) extreme physical pain; 
(iii) protracted and obvious disfigurement; or 
(iv) protracted loss or impairment of the func-
tion of a bodily member, organ, or mental or sen-
sory faculty; or 
(B) conduct that, had it occurred in the special 
maritime or territorial jurisdiction of the United 
States, would have violated subchapter A of chapter 13. 
The term ‘‘special maritime and territorial 
jurisdiction of the United States’’, means the fol-
lowing: 
(A) The high seas, any other waters within the ad-
miralty and maritime jurisdiction of the United States 
and out of the jurisdiction of any particular State, and 
any vessel belonging in whole or in part to the United 
States or any citizen thereof, or to any corporation cre-
ated by or under the laws of the United States, or of 
any State, Territory, District, or possession thereof, 
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when such vessel is within the admiralty and maritime 
jurisdiction of the United States and out of the juris-
diction of any particular State. 
(B) Any vessel registered, licensed, or enrolled 
under the laws of the United States, and being on a 
voyage upon the waters of any of the Great Lakes, or 
any of the waters connecting them, or upon the Saint 
Lawrence River where the same constitutes the Inter-
national Boundary Line. 
(C) Any lands reserved or acquired for the use of 
the United States, and under the exclusive or concur-
rent jurisdiction thereof, or any place purchased or oth-
erwise acquired by the United States by consent of the 
legislature of the State in which the same shall be, for 
the erection of a fort, magazine, arsenal, dockyard, or 
other needful building. 
(D) Any aircraft belonging in whole or in part to 
the United States, or any citizen thereof, or to any cor-
poration created by or under the laws of the United 
States, or any State, Territory, district, or possession 
thereof, while such aircraft is in flight over the high 
seas, or over any other waters within the admiralty and 
maritime jurisdiction of the United States and out of 
the jurisdiction of any particular State. 
(E) Any vehicle used or designed for flight or 
navigation in space and on the registry of the United 
States pursuant to the Treaty on Principles Governing 
the Activities of States in the Exploration and Use of 
Outer Space, Including the Moon and Other Celestial 
Bodies and the Convention on Registration of Objects 
Launched into Outer Space, while that vehicle is in 
flight, which is from the moment when all external 
doors are closed on Earth following embarkation until 
the moment when one such door is opened on Earth for 
disembarkation or in the case of a forced landing, until 
the competent authorities take over the responsibility 
for the vehicle and for persons and property aboard. 
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(F) Any place outside the jurisdiction of any na-
tion with respect to an offense by or against a national 
of the United States. 
(G) To the extent permitted by international law, 
any foreign vessel during a voyage having a scheduled 
departure from or arrival in the United States with re-
spect to an offense committed by or against a national 
of the United States. 
(H) With respect to offenses committed by or 
against a national of the United States— 
(i) the premises of United States diplomatic, 
consular, military or other United States Govern-
ment missions or entities in foreign States, includ-
ing the buildings, parts of buildings, and land ap-
purtenant or ancillary thereto or used for purposes 
of those missions or entities, irrespective of owner-
ship; and 
(ii) residences in foreign States and the land 
appurtenant or ancillary thereto, irrespective of 
ownership, used for purposes of those missions or 
entities or used by United States personnel as-
signed to those missions or entities. 
Nothing in clause (ii) supersedes any treaty or inter-
national agreement. Clause (ii) does not apply with re-
spect to an offense committed by a person described in 
section 3261(a). 
The term ‘‘State’’ means a State of the United 
States, the District of Columbia, or any commonwealth, 
territory, or possession of the United States. 
The term ‘‘substantial bodily injury’’ means 
bodily injury which involves— 
(A) a temporary but substantial disfigurement; or 
(B) a temporary but substantial loss or impair-
ment of the function of any bodily member, organ, or 
mental or sensory faculty. 
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The term ‘‘United States’’, unless the context oth-
erwise requires, includes all places and waters, continental 
or insular, subject to the jurisdiction of the United States. 
The term ‘‘vessel of the United States’’ means 
a vessel belonging in whole or in part to the United States, 
or any citizen thereof, or any corporation created by or 
under the laws of the United States, or of any State. 
CHAPTER 3—CRIMINAL RESPONSIBILITY 
Sec. 
2.
Principals. 
3.
Accessory after the fact. 
4.
Misprision of felony. 
5.
Conspiracy. 
6.
Attempt. 
7.
Solicitation to commit a crime of violence 
§ 2. Principals 
(a) GENERALLY.—Whoever commits an offense against 
the United States or aids, abets, counsels, commands, induces 
or procures its commission, is punishable as a principal. 
(b) FOR CONDUCT OF OTHERS.—Whoever intentionally 
causes conduct by another that is an offense against the United 
States, is punishable as a principal for that offense. 
§ 3. Accessory after the fact 
(a) OFFENSE.—Whoever, knowing that an offense against 
the United States has been committed, receives, relieves, com-
forts or assists the offender in order to hinder or prevent his 
apprehension, trial, or punishment, is an accessory after the 
fact. 
(b) PUNISHMENT.—Except as otherwise expressly provided 
by Act of Congress, an accessory after the fact shall be impris-
oned not more than one-half the maximum term of imprison-
ment or (notwithstanding section 3571) fined not more than 
one-half the maximum fine prescribed for the punishment of 
the principal, or both; or if the principal is punishable by life 
imprisonment or death, the accessory shall be imprisoned not 
more than 15 years. 
§ 4. Misprision of felony 
Whoever, having knowledge of the actual commission of a 
felony offense against the United States, conceals and does not 
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as soon as possible make known the same to some judge or 
other person in civil or military authority under the United 
States, shall be imprisoned not more than three years. 
§ 5. Conspiracy 
Unless otherwise provided by law, if two or more persons 
conspire to commit any offense against the United States, and 
one or more of such persons do any act to effect the object of 
the conspiracy, each shall be punished for the offense which is 
the object of the conspiracy. 
§ 6. Attempt 
(a) GENERAL RULE.—Unless otherwise provided by law, 
whoever attempts to commit an offense shall be punished as is 
provided for the completed offense. 
(b) EXCEPTIONS.—Subsection (a) does not apply to any 
provision that specifically exempts itself from the application of 
this section. 
§ 7. Solicitation to commit a crime of violence 
(a) OFFENSE.—Whoever, with intent that another person 
engage in a Federal offense that is a felony crime of violence 
and under circumstances strongly corroborative of that intent, 
solicits such other person to engage in that offense, shall be im-
prisoned not more than one-half the maximum term of impris-
onment or (notwithstanding section 3571) fined not more than 
one-half of the maximum fine prescribed for the punishment of 
the crime solicited, or both; or if the crime solicited is punish-
able by life imprisonment or death, shall be imprisoned for not 
more than 20 years. 
(b) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
to a prosecution under this section that, under circumstances 
manifesting a voluntary and complete renunciation of his crimi-
nal intent, the defendant prevented the commission of the 
crime solicited. A renunciation is not ‘‘voluntary and complete’’ 
if it is motivated in whole or in part by a decision to postpone 
the commission of the crime until another time or to substitute 
another victim or another but similar objective. 
(c) LIMITATION ON DEFENSES.—It is not a defense to a 
prosecution under this section that the person solicited could 
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not be convicted of the crime because that person lacked the 
state of mind required for its commission, was incompetent or 
irresponsible, or is immune from prosecution, or not subject to, 
prosecution. 
CHAPTER 5—OTHER GENERAL PROVISIONS 
Subchapter 
Sec. 
A. Defenses ....................................................................................
B. General Rules Pertaining to Criminal Offenses .......
SUBCHAPTER A—DEFENSES 
Sec. 
21.
Affirmative defenses. 
22.
Insanity defense. 
§21. Affirmative defenses 
If a provision of law provides an affirmative defense to a 
prosecution for an offense, the defendant must prove the ele-
ments of that defense by a preponderance of the evidence. 
§ 22. Insanity defense 
(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
to a prosecution under any Federal statute that, at the time 
of the commission of the acts constituting the offense, the de-
fendant, as a result of a severe mental disease or defect, was 
unable to appreciate the nature and quality or the wrongfulness 
of his acts. Mental disease or defect does not otherwise con-
stitute a defense. 
(b) BURDEN OF PROOF.—The defendant has the burden 
of proving the defense of insanity by clear and convincing evi-
dence. 
SUBCHAPTER B—GENERAL RULES PERTAINING TO 
CRIMINAL OFFENSES 
Sec. 
31. Non-preemption 
§ 31. Non-preemption 
The existence of a Federal criminal offense does not pre-
clude the application of a State or local law to the conduct pro-
scribed by the offense, unless the law specifically so provides 
or the State or local law requires conduct constituting the Fed-
eral criminal offense. 
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CHAPTER 10—VIOLENT CRIMES AGAINST 
PERSONS 
Subchapter 
Sec. 
A. Homicide ...................................................................................
101 
B. Assault and related offenses .............................................
111 
C. Kidnapping ..............................................................................
121 
D. Threats Against Specially Protected Persons ...........
131 
E. Definitions and general provisions for subchapters 
A through D ................................................................
136 
F. Robbery, extortion, and threats ......................................
141 
G. Extortionate credit transactions ....................................
155 
H. Domestic violence .................................................................
161 
I. Protection of unborn children ..........................................
171 
SUBCHAPTER A—HOMICIDE 
Sec. 
101.
Homicide. 
102.
Federally punishable homicides. 
103.
Penalties for murders punishable under section 102; attempts and 
conspiracies. 
104.
Penalties for manslaughters punishable under section 102; at-
tempts. 
105.
Misconduct or neglect of ship officers. 
§ 101. Homicide 
Unless otherwise provided by Act of Congress, if a Federal 
law makes the killing of a human being an offense, the fol-
lowing categories shall apply with respect to that offense: 
(1) MURDER.— 
(A) ELEMENTS OF OFFENSE.—Murder is the unlawful 
killing of a human being with malice aforethought. Every 
murder perpetrated by poison, lying in wait, or any other 
kind of willful, deliberate, malicious, and premeditated kill-
ing; or committed in the perpetration of, or attempt to per-
petrate, any arson, escape, murder, kidnapping, treason, es-
pionage, sabotage, aggravated sexual abuse or sexual abuse, 
child abuse, burglary, or robbery; or perpetrated as part of 
a pattern or practice of assault or torture against a child 
or children; or perpetrated from a premeditated design un-
lawfully and maliciously to effect the death of any human 
being other than him who is killed, is murder in the first 
degree. Any other murder is murder in the second degree. 
(B) DEFINITIONS.—In this paragraph.— 
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(i) the term ‘‘assault’’ means conduct that consists 
an assault as described in section 111; 
(ii) the term ‘‘child’’ means a child who is under 
the perpetrator’s care or control or at least six years 
younger than the perpetrator; 
(iii) the term ‘‘child abuse’’ means intentionally caus-
ing death or serious bodily injury to a child; 
(iv) the term ‘‘pattern or practice of assault or tor-
ture’’ means assault or torture engaged in on at least two 
occasions; 
(v) the term ‘‘torture’’ means conduct, whether or not 
committed under the color of law, that otherwise satisfies 
the definition of that term set forth in section 1293. 
(2) MANSLAUGHTER.—Manslaughter is the unlawful kill-
ing of a human being without malice. It is of two kinds: 
(A) VOLUNTARY.—Upon a sudden quarrel or heat of 
passion. 
(B) INVOLUNTARY.—In the commission of an unlawful 
act not amounting to a felony, or in the commission in an 
unlawful manner, or without due caution and circumspec-
tion, of a lawful act which might produce death. 
§ 102. Federally punishable homicides 
In addition to any other homicides made punishable by 
law, the following are Federal offenses: 
(1) SPECIAL MARITIME AND TERRITORIAL JURISDIC-
TION.—A killing in the special maritime and territorial ju-
risdiction of the United States. 
(2) OFFICERS AND EMPLOYEES AND FORMER OFFI-
CERS AND EMPLOYEES OF THE UNITED STATES.—A kill-
ing of any officer or employee, or any former officer or em-
ployee, of the United States or of any agency in any branch 
of the United States Government (including any member of 
the uniformed services) while such officer or employee is 
engaged in or on account of the performance of official du-
ties, or any individual assisting such an officer or employee 
in the performance of such duties or on account of that as-
sistance. 
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(3) FAMILY MEMBERS OF OFFICERS AND EMPLOYEES 
AND FORMER OFFICERS AND EMPLOYEES OF THE UNITED 
STATES.—A killing, with the intent to impede, intimidate, 
or interfere with an individual described in paragraph (2) 
while that individual is engaged in the performance of offi-
cial duties, or with intent to retaliate against such indi-
vidual on account of the performance of official duties of 
that individual, of a member of that indvidual’s family. 
(4) FOREIGN
OFFICIALS, OFFICIAL
GUESTS, AND 
INTERNATIONALLY PROTECTED PERSONS.—A killing of a 
foreign official, official guest, or internationally protected 
person. 
(5) 
BY
NATIONAL
OF
THE
UNITED
STATES 
ABROAD.—A killing, by a national of the United States, of 
a national of the United States while the victim is outside 
the United States but within the jurisdiction of another 
country. 
(6) KILLINGS BY ESCAPED PRISONERS.—A killing of 
a person by an individual who has escaped from a Federal 
correctional institution where the individual was confined 
under a sentence for a term of life imprisonment. 
(7) CONGRESSIONAL, CABINET, AND SUPREME COURT 
ASSASSINATION.—A killing of an individual who is a Mem-
ber of Congress or a Member-of-Congress-elect, a member 
of the executive branch of the Government who is the head, 
or a person nominated to be head during the pendency of 
such nomination, of a department listed in section 101 of 
title 5 or the second ranking official in such department, 
the Director (or a person nominated to be Director during 
the pendency of such nomination) or Deputy Director of 
Central Intelligence, or a Justice of the United States, as 
defined in section 451 of title 28, or a person nominated 
to be a Justice of the United States, during the pendency 
of such nomination. 
(8) PRESIDENTIAL AND PRESIDENTIAL STAFF ASSAS-
SINATION.—A killing of an individual who is— 
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(A) the President of the United States, the Presi-
dent-elect, the Vice President, or, if there is no Vice 
President, the officer next in the order of succession to 
the Office of the President of the United States, the 
Vice President-elect, or any person who is acting as 
President under the Constitution and laws of the 
United States; 
(B) a major Presidential or Vice Presidential can-
didate (as defined in section 3056 of this title); or 
(C) a person appointed under section 105(a)(2)(A) 
of title 3 employed in the Executive Office of the Presi-
dent or appointed under section 106(a)(1)(A) of title 3 
employed in the Office of the Vice President. 
(9) OF NATIONAL ABROAD.—The killing of an indi-
vidual outside the United States who is a national of the 
United States. 
(10) KILLINGS BY PRISONER.—The killing of another 
by a person confined under a sentence of life imprisonment 
in a Federal correctional facility. 
§ 103. Penalties for murders punishable under sec-
tion 102; attempts and conspiracies 
(a) MURDER.—A murder that is an offense under section 
102 is punishable by— 
(1) death or imprisonment for life for first degree 
murder; and 
(2) imprisonment for any term of years or for life for 
second degree murder. 
(b) ATTEMPTED MURDER.— 
(1) GENERALLY.—Except as provided in paragraph 
(2), whoever attempts to commit a murder that is an of-
fense under section 102 shall be imprisoned not more than 
20 years. 
(2) SPECIAL
RULE
RELATING
TO
CONGRESSIONAL, 
CABINET, AND
SUPREME
COURT
ASSASSINATIONS
AND 
PRESIDENTIAL
AND
PRESIDENTIAL
STAFF
ASSASSINA-
TIONS.—If the offense attempted is against an individual 
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described in paragraph (9) or (10) of section 102 the pen-
alty is imprisonment for any term of years or for life. 
(c) CONSPIRACY TO MURDER.—If two or more persons 
conspire to commit an offense under section 102 and one or 
more of such persons do any overt act to effect the object of 
the conspiracy, each shall be punished by imprisonment for any 
term of years or for life, but in the case of a conspiracy to com-
mit an offense against a individual described in paragraph (9) 
or (10) of section 102, if death results to the individual whose 
killing was the object of the conspiracy, the penalty is death 
or imprisonment for any term of years or for life. 
§ 104. Penalties for manslaughters punishable 
under section 102; attempts 
(a) PENALTY FOR MANSLAUGHTER.—A manslaughter that 
is an offense under section 102 is punishable by— 
(1) imprisonment for not more than ten years, for vol-
untary manslaughter; and 
(2) imprisonment for not more than six years, for in-
voluntary manslaughter. 
(b) ATTEMPTED MANSLAUGHTER.—Whoever attempts to 
commit a manslaughter that would be punishable under section 
102 shall be imprisoned not more than 7 years. 
§ 105. Misconduct or neglect of ship officers 
(a) OFFICERS.—Every captain, engineer, pilot, or other 
person employed on any steamboat or vessel, by whose mis-
conduct, negligence, or inattention to his duties on such vessel 
the life of any person is destroyed, and every owner, charterer, 
inspector, or other public officer, through whose fraud, neglect, 
connivance, misconduct, or violation of law the life of any per-
son is destroyed, shall be imprisoned not more than ten years. 
(b) OWNERS.—When the owner or charterer of any steam-
boat or vessel is a corporation, any executive officer of such 
corporation, for the time being actually charged with the con-
trol and management of the operation, equipment, or naviga-
tion of such steamboat or vessel, who has knowingly and will-
fully caused or allowed such fraud, neglect, connivance, mis-
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conduct, or violation of law, by which the life of any person is 
destroyed, shall be imprisoned not more than ten years. 
SUBCHAPTER B—ASSAULT AND RELATED 
OFFENSES 
Sec. 
111.
Assault. 
112.
Individuals federally protected from assault. 
113.
Interference with Federal officers and employees. 
§ 111. Assault 
Unless otherwise provided by Act of Congress, if a Federal 
law prohibits an assault against an individual, the following 
punishments shall apply with respect to that offense: 
(1) Assault with intent to commit murder, a felony 
under subchapter (A) of chapter 13, or with intent to 
maim, disfigure, or torture, by imprisonment for not more 
than 20 years. 
(2) Assault with intent to commit any felony, except 
murder or a felony under subchapter (A) of chapter 13, by 
imprisonment for not more than ten years. 
(3) Assault with a dangerous weapon, with intent to 
do bodily harm, and without just cause or excuse, by im-
prisonment for not more than ten years. 
(4) Assault resulting in serious bodily injury, by im-
prisonment for not more than ten years. 
(5) Assault resulting in substantial bodily injury to an 
individual who has not attained the age of 16 years, by im-
prisonment for not more than 5 years. 
(6) Assault by striking, beating, or wounding, by im-
prisonment for not more than six months. 
(7) Simple assault, by imprisonment for not more than 
six months, or if the victim of the assault is an individual 
who has not attained the age of 16 years, by imprisonment 
for not more than 1 year. 
§ 112. Individuals federally protected from assault 
It is an offense to assault any individual whose killing is 
a Federal offense under section 102. 
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§ 113. Interference with Federal officers and em-
ployees 
Whoever interferes with any officer or employee of the 
United States or of any agency in any branch of the United 
States Government (including any member of the uniformed 
services) while such officer or employee is engaged in or on ac-
count of the performance of official duties, or any individual as-
sisting such an officer or employee in the performance of such 
duties or on account of that assistance while that person is en-
gaged in, or on account of, the performance, official duties 
shall be imprisoned not more than one year. 
SUBCHAPTER C—KIDNAPPING 
Sec. 
121.
Kidnapping. 
122.
Ransom money. 
123.
Hostage taking. 
125.
International parental kidnapping. 
§ 121. Kidnapping 
(a) BASIC OFFENSE.—Except in the case of a child by the 
parent thereof, whoever, as made applicable by subsection (b), 
kidnaps an individual shall be imprisoned any term of years or 
for life and, if death results to any individual, shall be punished 
by death or life imprisonment. 
(b) CIRCUMSTANCES REQUIRED.—Subsection (a) applies 
if— 
(1) the victim or the victim’s body is transported in 
interstate or foreign commerce, regardless of whether the 
victim was alive when transported across a State boundary 
if the victim was alive when the transportation began; or 
(2) the victim is an individual whose killing is a Fed-
eral offense under section 102. 
(c) PRESUMPTION.—With respect to a violation of sub-
section (a), based on the circumstance described in subsection 
(b)(1), the failure to release the victim within 24 hours after 
the victim was kidnapped creates a rebuttable presumption that 
the victim has been transported in interstate or foreign com-
merce. However, the fact that the presumption under this sec-
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tion has not yet taken effect does not preclude a Federal inves-
tigation of a possible violation of this section. 
(d) CONSPIRACY PENALTY.—If two or more persons con-
spire to violate subsection (a) and one or more of such persons 
do any overt act to effect the object of the conspiracy, each 
shall be punished by imprisonment for any term of years or for 
life. If the individual whose kidnapping was the object of the 
conspiracy is an individual listed in paragraph (9) or (10) of 
section 102, the death penalty may be imposed if death results. 
(e) ATTEMPTS.—Whoever attempts to violate subsection 
(a) shall be punished by imprisonment for not more than 20 
years but if the individual whose kidnapping was attempted is 
described in paragraph (9) or (10) of section 102, the offender 
shall be imprisoned for any term of years or for life. 
(f) SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING 
CHILDREN.—If the victim of an offense under this section is 
a child and the offender— 
(1) is not a child; and 
(2) is not— 
(A) a parent; 
(B) a grandparent; 
(C) a brother; 
(D) a sister; 
(E) an aunt; 
(F) an uncle; or 
(G) an individual having legal custody of the vic-
tim; 
the sentence under this section for such offense shall include 
imprisonment for not less than 20 years. 
(g) DEFINITION FOR SECTION.—As used in this section, 
the term ‘‘parent’’ does not include a person whose parental 
rights with respect to the victim of an offense under this sec-
tion have been terminated by a final court order. 
§ 122. Ransom money 
(a) FEDERAL.—Whoever receives, possesses, or disposes of 
any money or other property, or any portion thereof, which has 
at any time been delivered as ransom or reward in connection 
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with a violation of section 121, knowing it to be such, shall be 
imprisoned not more than ten years. 
(b) STATE.— Whoever transports, transmits, or transfers 
in interstate or foreign commerce any proceeds of a kidnapping 
punishable under State law by imprisonment for more than 1 
year, or receives, possesses, conceals, or disposes of any such 
proceeds after they have crossed a State or United States 
boundary, knowing the proceeds to have been unlawfully ob-
tained, shall be imprisoned not more than 10 years. 
§ 123. Hostage taking 
(a) OFFENSE.—Except as provided in subsection (b) of 
this section, whoever, whether inside or outside the United 
States, seizes or detains and threatens to kill, to injure, or to 
continue to detain another person in order to compel a third 
person or a governmental organization to do or abstain from 
doing any act as an explicit or implicit condition for the release 
of the person detained, or attempts or conspires to do so, shall 
be punished by imprisonment for any term of years or for life 
and, if the death of any person results, shall be punished by 
death or life imprisonment. 
(b) EXCLUSIONS.— 
(1) It is not an offense under this section if the con-
duct required for the offense occurred outside the United 
States unless— 
(A) the offender or the person seized or detained 
is a national of the United States; 
(B) the offender is found in the United States; or 
(C) the governmental organization sought to be 
compelled is the Government of the United States. 
(2) It is not an offense under this section if the 
conduct required for the offense occurred inside the 
United States, each alleged offender and each person 
seized or detained are nationals of the United States, 
and each alleged offender is found in the United 
States, unless the governmental organization sought to 
be compelled is the Government of the United States. 
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§ 125. International parental kidnapping 
(a) OFFENSE.—Whoever removes a child from the United 
States, or attempts to do so, or retains a child (who has been 
in the United States) outside the United States with intent to 
obstruct the lawful exercise of parental rights shall be impris-
oned not more than 3 years. 
(b) DEFINITIONS.—As used in this section— 
(1) the term ‘‘child’’ means a person who has not at-
tained the age of 16 years; and 
(2) the term ‘‘parental rights’’, with respect to a child, 
means the right to physical custody of the child— 
(A) whether joint or sole (and includes visiting 
rights); and 
(B) whether arising by operation of law, court 
order, or legally binding agreement of the parties. 
(c) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
under this section that— 
(1) the defendant acted within the provisions of a valid 
court order granting the defendant legal custody or visita-
tion rights and that order was obtained pursuant to the 
Uniform Child Custody Jurisdiction Act or the Uniform 
Child Custody Jurisdiction and Enforcement Act and was 
in effect at the time of the offense; 
(2) the defendant was fleeing an incidence or pattern 
of domestic violence; or 
(3) the defendant had physical custody of the child 
pursuant to a court order granting legal custody or visita-
tion rights and failed to return the child as a result of cir-
cumstances beyond the defendant’s control, and the defend-
ant notified or made reasonable attempts to notify the 
other parent or lawful custodian of the child of such cir-
cumstances within 24 hours after the visitation period had 
expired and returned the child as soon as possible. 
(d) EFFECT ON HAGUE CONVENTION.—This section does 
not limit The Hague Convention on the Civil Aspects of Inter-
national Parental Child Abduction, done at The Hague on Oc-
tober 25, 1980. 
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SUBCHAPTER D—THREATS AGAINST SPECIALLY 
PROTECTED PERSONS 
Sec. 
131. Threats against officers or employees of the United States, and other 
specially protected persons. 
§ 131. Threats against officers or employees of the 
United States, and other specially pro-
tected persons 
Whoever threatens to kill, kidnap, or inflict bodily harm 
upon— 
(1) an individual described in paragraph (2), or (3) of 
section 102 on account of the performance of official du-
ties; 
(2) an individual described in paragraph (4), (7), or 
(8) of section 102; 
(3) a former President of the United States; 
(4) a member of the immediate family of the Presi-
dent, the President-elect, the Vice President, or the Vice 
President-elect; 
(5) a major candidate for the office of President or 
Vice President, or a member of the immediate family of 
such candidate; or 
(6) a person protected by the Secret Service under sec-
tion 3056(a)(6); 
shall be imprisoned not more than 10 years. 
SUBCHAPTER E—DEFINITIONS AND GENERAL 
PROVISIONS FOR SUBCHAPTERS A THROUGH D 
Sec. 
136.
Definitions for subchapters A through D. 
137.
Special rules relating to offenses against certain types of victims. 
§ 136. Definitions for subchapters A through D 
Unless otherwise provided, in subchapters A through D, 
the following definitions apply: 
(1) The term ‘‘family’’ with respect to an individual, 
means— 
(A) a spouse, parent, brother or sister, child, or 
person to whom the individual stands in loco parentis; 
or 
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(B) any other person living in the individual’s 
household and related to the individual by blood or 
marriage. 
(2) The term ‘‘foreign government’’ means the govern-
ment of a foreign country, irrespective of recognition by the 
United States. 
(3) The term ‘‘foreign official’’ means— 
(A) a Chief of State or the political equivalent, 
President, Vice President, Prime Minister, Ambas-
sador, Foreign Minister, or other officer of Cabinet 
rank or above of a foreign government or the chief ex-
ecutive officer of an international organization, or any 
person who has previously served in such capacity, and 
any member of his family, while in the United States; 
or 
(B) any person of a foreign nationality who is duly 
notified to the United States as an officer or employee 
of a foreign government or international organization, 
and who is in the United States on official business, 
and any member of that person’s family whose presence 
in the United States is in connection with the presence 
of such officer or employee. 
(4) The term ‘‘internationally protected person’’ 
means an individual who is— 
(A) a Chief of State or the political equivalent, 
head of government, or Foreign Minister whenever such 
person is in a country other than his own and any 
member of that individual’s family accompanying that 
individual; or 
(B) any other representative, officer, employee, or 
agent of the United States Government, a foreign gov-
ernment, or international organization who at the time 
and place concerned is entitled pursuant to inter-
national law to special protection against attack upon 
his person, freedom, or dignity, and any member of 
that individual’s family then forming part of his house-
hold. 
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(5) The term ‘‘international organization’’ means a 
public international organization designated as such pursu-
ant to section 1 of the International Organizations Immu-
nities Act (22 U.S.C. 288) or a public organization created 
pursuant to treaty or other agreement under international 
law as an instrument through or by which two or more for-
eign governments engage in some aspect of their conduct 
of international affairs. 
(6) The term ‘‘official guest’’ means a citizen or na-
tional of a foreign country present in the United States as 
an official guest of the Government of the United States 
pursuant to designation as such by the Secretary of State. 
(7) the terms ‘‘President-elect’’ and ‘‘Vice President- 
elect’’ mean those persons who are the apparently success-
ful candidates for the offices of President and Vice Presi-
dent, respectively, as ascertained from the result of the 
general elections held to determine the electors of President 
and Vice President under section 1 and 2 of title 3. 
§ 137. Special rules relating to offenses against 
certain types of victims 
(a) EXTRATERRITORIAL JURISDICTION.— 
(1) PRESIDENTIAL AND CONGRESSIONAL VICTIMS.— 
There is extraterritorial jurisdiction over an offense under 
any of subchapters A through D against a victim described 
in paragraph (9) or (10) of section 102. 
(2) INTERNATIONALLY PROTECTED PERSONS.—There is 
extraterritorial jurisdiction over an offense under any of sub-
chapters A through D the victim of which is an internationally 
protected person outside the United States, if— 
(A) the victim is a representative, officer, em-
ployee, or agent of the United States; 
(B) an offender is a national of the United States; 
or 
(C) an offender is afterwards found in the United 
States. 
(b) USE OF MILITARY WITH RESPECT TO CERTAIN OF-
FENSES.—With respect to an offense under this chapter, or an 
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attempt or conspiracy to commit such an offense, if an element 
of the offense is that the victim be individual described in para-
graph (9) or (10) of section 102, a foreign official, an inter-
nationally protected person, or an official guest, the Attorney 
General may request assistance from any Federal, State, or 
local agency, including the Army, Navy, and Air Force. 
(c) SPECIAL PROVISIONS RELATING TO OFFENSES INVOLV-
ING PRESIDENTIAL
OR CONGRESSIONAL
VICTIMS.—With re-
spect to an offense under paragraph (9) or (10) of section 
102— 
(1) if Federal investigative or prosecutive jurisdiction 
is asserted, that assertion suspends the exercise of jurisdic-
tion by a State or local authority, under any applicable 
State or local law, until Federal action is terminated; 
(2) the Federal Bureau of Investigation shall have in-
vestigative authority; and 
(3) in a prosecution, the Government need not prove 
that the defendant knew that the victim of the offense was 
an individual who is protected by that paragraph. 
(d) APPROVAL REQUIRED FOR PROSECUTIONS RELATING 
TO UNITED STATES NATIONALS KILLED OVERSEAS.— 
(1) APPROVAL REQUIRED.—No prosecution may be in-
stituted against any person under section 101(a)(5) except 
upon the written approval of the Attorney General, the 
Deputy Attorney General, or an Assistant Attorney Gen-
eral, which function of approving prosecutions may not be 
delegated. No prosecution shall be approved if prosecution 
has been previously undertaken by a foreign country for the 
same conduct. 
(2) BASIS FOR APPROVAL.—No prosecution shall be 
approved under this subsection unless the Attorney Gen-
eral, in consultation with the Secretary of State, determines 
that the conduct took place in a country in which the per-
son is no longer present, and the country lacks the ability 
to lawfully secure the person’s return. A determination by 
the Attorney General under this paragraph is not subject 
to judicial review. 
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(e) CERTIFICATION OF TERRORISM RELATION REQUIRED 
FOR CERTAIN PROSECUTIONS RELATING TO KILLING OR AT-
TACKING NATIONALS OF THE UNITED STATES ABROAD.—No 
prosecution for any offense described in section 102(11) or 116 
shall be undertaken by the United States except on written cer-
tification of the Attorney General or the highest ranking subor-
dinate of the Attorney General with responsibility for criminal 
prosecutions that, in the judgment of the certifying official, 
such offense was intended to coerce, intimidate, or retaliate 
against a government or a civilian population. 
SUBCHAPTER F—ROBBERY, EXTORTION, AND 
RELATED THREATS 
Sec. 
141.
Robbery in special maritime and territorial jurisdiction. 
142.
Robbery of personal property of United States. 
143.
Bank robbery and incidental crimes. 
144.
Communication of ransom demands and other threatening commu-
nications in or affecting commerce. 
145.
Extortion by officers or employees of the United States. 
146.
Receiving the proceeds of extortion. 
§ 141. Robbery in special maritime and territorial 
jurisdiction 
Whoever, within the special maritime and territorial juris-
diction of the United States, by force and violence, or by in-
timidation, takes or attempts to take from the person or pres-
ence of another anything of value, shall be imprisoned not more 
than 15 years. 
§ 142. Robbery of personal property of United 
States 
Whoever robs or attempts to rob another of any kind or 
description of personal property belonging to the United States, 
shall be imprisoned not more than 15 years. 
§ 143. Bank robbery and incidental crimes 
(a) AGGRAVATED OFFENSE.—Whoever— 
(1) by force and violence, or by intimidation, takes, or 
attempts to take, from the person or presence of another, 
or obtains or attempts to obtain by extortion any property 
or money or any other thing of value belonging to, or in 
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the care, custody, control, management, or possession of, 
any bank, credit union, or any savings and loan association; 
(2) enters or attempts to enter any bank, credit union, or 
any savings and loan association, or any building used in whole 
or in part as a bank, credit union, or as a savings and loan 
association, with intent to commit in such bank, credit union, 
or in such savings and loan association, or building, or part 
thereof, so used, any felony affecting such bank, credit union, 
or such savings and loan association and in violation of any 
statute of the United States, or any larceny; 
shall be imprisoned not more than 20 years. 
(b) TAKING AND CARRYING AWAY PROPERTY OVER $1,000 
IN VALUE.—Whoever takes and carries away, with intent to 
steal or purloin any property or money or any other thing of 
value exceeding $1,000 belonging to, or in the care, custody, 
control, management, or possession of any bank, credit union, 
or any savings and loan association, shall be fined under this 
title or imprisoned not more than ten years, or both; or 
(c) TAKING AND CARRYING AWAY PROPERTY OF $1,000 OR 
LESS IN VALUE.—Whoever takes and carries away, with intent 
to steal or purloin, any property or money or any other thing 
of value not exceeding $1,000 belonging to, or in the care, cus-
tody, control, management, or possession of any bank, credit 
union, or any savings and loan association, shall be fined under 
this title or imprisoned not more than one year, or both. 
(c) RECEIVING STOLEN BANK PROPERTY.—Whoever re-
ceives, possesses, conceals, stores, barters, sells, or disposes of, 
any property or money or other thing of value which has been 
taken or stolen from a bank, credit union, or savings and loan 
association in violation of subsection (b) or (c), knowing the 
same to be property which has been stolen shall be subject to 
the punishment provided in subsection (b) or (c) for the taker. 
(d) ASSAULTING PERSON
OR PLACING LIFE
IN JEOP-
ARDY.—Whoever, in committing, or in attempting to commit, 
any offense defined in subsections (a) through (c), assaults any 
person, or puts in jeopardy the life of any person by the use 
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of a dangerous weapon or device, shall be imprisoned not more 
than 25 years. 
(e) KILLING AND KIDNAPING.—Whoever, in committing 
any offense defined in this section, or in avoiding or attempting 
to avoid apprehension for the commission of such offense, or 
in freeing himself or attempting to free himself from arrest or 
confinement for such offense, kills any person, or forces any 
person to accompany him without the consent of such person, 
shall be imprisoned not less than ten years, or if death results 
shall be punished by death or life imprisonment. 
(f) DEFINITIONS.— As used in this section— 
(1) the term ‘‘bank’’ means any member bank of the 
Federal Reserve System, and any bank, banking associa-
tion, trust company, savings bank, or other banking institu-
tion organized or operating under the laws of the United 
States, including a branch or agency of a foreign bank (as 
such terms are defined in paragraphs (1) and (3) of section 
1(b) of the International Banking Act of 1978), and any 
institution the deposits of which are insured by the Federal 
Deposit Insurance Corporation; and 
(2) the term ‘‘credit union’’ means any Federal credit 
union and any State-chartered credit union the accounts of 
which are insured by the National Credit Union Adminis-
tration Board, and any ‘‘Federal credit union’’ as defined 
in section 2 of the Federal Credit Union Act. The term 
‘‘State-chartered credit union’’ includes a credit union 
chartered under the laws of a State; 
(3) the term ‘‘savings and loan association’’ means— 
(A) a Federal savings association or State savings 
association (as defined in section 3(b) of the Federal 
Deposit Insurance Act (12 U.S.C. 1813(b))) having ac-
counts insured by the Federal Deposit Insurance Cor-
poration; and 
(B) a corporation described in section 3(b)(1)(C) 
of the Federal Deposit Insurance Act (12 U.S.C. 
1813(b)(1)(C)) that is operating under the laws of the 
United States. 
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§ 144. Communication of ransom demands and 
other threatening communications in or 
affecting commerce 
(a) KIDNAP RANSOM.—Whoever knowingly transmits, in 
or affecting interstate or foreign commerce, any communication 
containing any demand or request for a ransom or reward for 
the release of any kidnapped person shall be imprisoned not 
more than 20 years. 
(b) THREATS TO KIDNAP OR INJURE.—Whoever, with in-
tent to extort from any person any money or other thing of 
value, knowingly transmits, in or affecting interstate commerce, 
any communication containing any threat to kidnap any person 
or any threat to injure the person of another, shall be impris-
oned not more than 20 years. 
(d) THREATS TO PROPERTY OR REPUTATION WITH IN-
TENT TO EXTORT.—Whoever, with intent to extort from any 
person any money or other thing of value, knowingly transmits, 
in or affecting interstate or foreign commerce, any communica-
tion containing any threat— 
(1) to injure the property or reputation of another or 
the reputation of a deceased person; 
(2) to accuse another of a crime; 
shall be or imprisoned not more than 10 years. 
§ 145. Extortion by officers or employees of the 
United States 
Whoever, being an officer, or employee of the United 
States or any department or agency thereof, or representing 
oneself to be or assuming to act as such, under color or pre-
tense of office or employment commits or attempts an act of 
extortion, shall be imprisoned not more than three years; but 
if the amount so extorted or demanded does not exceed $1,000, 
the offender shall be imprisoned not more than one year. 
§ 146. Receiving the proceeds of extortion 
Whoever receives, possesses, conceals, or disposes of any 
money or other property which was obtained from the commis-
sion of any offense under this subchapter that is punishable by 
imprisonment for more than 1 year, knowing the same to have 
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been unlawfully obtained, shall be imprisoned not more than 3 
years. 
SUBCHAPTER G—EXTORTIONATE CREDIT 
TRANSACTIONS 
Sec. 
155.
Making extortionate extensions of credit. 
156.
Financing extortionate extensions of credit. 
157.
Collection of extensions of credit by extortionate means. 
158.
Effect on State laws. 
159.
Definitions and rules of construction. 
§ 155. Making extortionate extensions of credit 
(a) OFFENSE.—Whoever makes any extortionate extension 
of credit, or conspires to do so, shall be imprisoned not more 
than 20 years. 
(b) PRIMA FACIE EVIDENCE OF EXTORTIONATE TRANS-
ACTION.—In any prosecution under this section, if it is shown 
that all of the following factors were present in connection with 
the extension of credit in question, there is prima facie evidence 
that the extension of credit was extortionate: 
(1) The repayment of the extension of credit, or the 
performance of any promise given in consideration thereof, 
would be unenforceable, through civil judicial processes 
against the debtor 
(A) in the jurisdiction within which the debtor, if 
a natural person, resided or 
(B) in every jurisdiction within which the debtor, 
if other than a natural person, was incorporated or 
qualified to do business at the time the extension of 
credit was made. 
(2) The extension of credit was made at a rate of in-
terest in excess of an annual rate of 45 per centum cal-
culated according to the actuarial method of allocating pay-
ments made on a debt between principal and interest, pur-
suant to which a payment is applied first to the accumu-
lated interest and the balance is applied to the unpaid prin-
cipal. 
(3) At the time the extension of credit was made, the 
debtor reasonably believed that either 
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(A) one or more extensions of credit by the cred-
itor had been collected or attempted to be collected by 
extortionate means, or the nonrepayment thereof had 
been punished by extortionate means; or 
(B) the creditor had a reputation for the use of 
extortionate means to collect extensions of credit or to 
punish the nonrepayment thereof. 
(4) Upon the making of the extension of credit, the 
total of the extensions of credit by the creditor to the debt-
or then outstanding, including any unpaid interest or simi-
lar charges, exceeded $100. 
(c) REPUTATION EVIDENCE.—In any prosecution under 
this section, if evidence is introduced tending to show the exist-
ence of any of the circumstances described in subsection (b)(1) 
or (b)(2), and direct evidence of the actual belief of the debtor 
as to the creditor’s collection practices is not available, then for 
the purpose of showing the understanding of the debtor and the 
creditor at the time the extension of credit was made, the court 
may in its discretion allow evidence to be introduced tending 
to show the reputation as to collection practices of the creditor 
in any community of which the debtor was a member at the 
time of the extension. 
§ 156. Financing extortionate extensions of credit 
Whoever knowingly advances money or property, whether 
as a gift, as a loan, as an investment, pursuant to a partner-
ship or profit-sharing agreement, or otherwise, to any person, 
with reason to believe that it is the intention of that person to 
use the money or property so advanced directly or indirectly for 
the purpose of making extortionate extensions of credit, shall 
be imprisoned not more than 20 years. 
§ 157. Collection of extensions of credit by extor-
tionate means 
Whoever knowingly uses any extortionate means— 
(1) to collect or attempt to collect any extension of 
credit, or 
(2) to punish any person for nonrepayment of an ex-
tension of credit; 
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shall be imprisoned not more than 20 years. 
§ 158. Effect on State laws 
This subchapter does not preempt State law that would be 
permissible in the absence of this subchapter. 
§ 159. Definitions and rules of construction 
As used in this subchapter: 
(1) To extend credit means to make or renew any loan, 
or to enter into any agreement, tacit or express, whereby the 
repayment or satisfaction of any debt or claim, whether ac-
knowledged or disputed, valid or invalid, and however arising, 
may or will be deferred. 
(2) The term ‘‘creditor’’, with reference to any given ex-
tension of credit, refers to any person making that extension 
of credit, or to any person claiming by, under, or through any 
person making that extension of credit. 
(3) The term ‘‘debtor’’, with reference to any given exten-
sion of credit, refers to any person to whom that extension of 
credit is made, or to any person who guarantees the repayment 
of that extension of credit, or in any manner undertakes to in-
demnify the creditor against loss resulting from the failure of 
any person to whom that extension of credit is made to repay 
the same. 
(4) The repayment of any extension of credit includes the 
repayment, satisfaction, or discharge in whole or in part of any 
debt or claim, acknowledged or disputed, valid or invalid, re-
sulting from or in connection with that extension of credit. 
(5) To collect an extension of credit means to induce in 
any way any person to make repayment thereof. 
(6) An extortionate extension of credit is any extension of 
credit with respect to which it is the understanding of the cred-
itor and the debtor at the time it is made that delay in making 
repayment or failure to make repayment could result in the use 
of violence or other criminal means to cause harm to the per-
son, reputation, or property of any person. 
(7) An extortionate means is any means which involves the 
use, or an express or implicit threat of use, of violence or other 
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criminal means to cause harm to the person, reputation, or 
property of any person. 
(9) State law, including conflict of laws rules, governing 
the enforceability through civil judicial processes of repayment 
of any extension of credit or the performance of any promise 
given in consideration thereof shall be judicially noticed. This 
paragraph does not impair any authority which any court 
would otherwise have to take judicial notice of any matter of 
State law. 
SUBCHAPTER H—DOMESTIC VIOLENCE 
Sec. 
161.
Interstate domestic violence; interstate stalking; interstate viola-
tions of custody orders. 
162.
Pretrial release of defendant. 
163.
Full faith and credit given to protection orders. 
164.
Definitions. 
§ 161. Interstate domestic violence; interstate 
stalking; interstate violations of custody 
orders 
(a) OFFENSES.—Whoever— 
(1) travels in interstate or foreign commerce or enters 
or leaves Indian country with the intent to kill, injure, har-
ass, or intimidate a spouse or intimate partner, and who, 
in the course of or as a result of such travel, commits or 
attempts to commit a crime of violence against that spouse 
or intimate partner; 
(2) causes a spouse or intimate partner to travel in 
interstate or foreign commerce or to enter or leave Indian 
country by force, coercion, duress, or fraud, and who, in 
the course of, as a result of, or to facilitate such conduct 
or travel, commits or attempts to commit a crime of vio-
lence against that spouse or intimate partner; 
(3) travels in interstate or foreign commerce or within 
the special maritime and territorial jurisdiction of the 
United States, or enters or leaves Indian country, with the 
intent to kill, injure, harass, or intimidate another indi-
vidual, and in the course of, or as a result of, such travel 
places that individual in reasonable fear of the death of, or 
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serious bodily injury to, that individual, a member of that 
individual’s family (as defined in section 136), or the 
spouse or intimate partner of that person; 
(4) with the intent— 
(A) to kill or injure an individual in another State 
or tribal jurisdiction or within the special maritime and 
territorial jurisdiction of the United States; or 
(B) to place an individual in another State or trib-
al jurisdiction, or within the special maritime and terri-
torial jurisdiction of the United States, in reasonable 
fear of the death of, or serious bodily injury to— 
(i) that individual; 
(ii) a member of that individual’s family (as 
defined in section 136); or 
(iii) a spouse or intimate partner of that indi-
vidual; 
uses the mail or any facility of interstate or foreign com-
merce to engage in a course of conduct that places that 
person in reasonable fear of the death of, or serious bodily 
injury to, any of the individuals described in clauses (i) 
through (iii); 
(5) travels in interstate or foreign commerce, or enters 
or leaves Indian country, with the intent to engage in con-
duct that violates the portion of a protection order that 
prohibits or provides protection against violence, threats, or 
harassment against, contact or communication with, or 
physical proximity to, another person, or that would violate 
such a portion of a protection order in the jurisdiction in 
which the order was issued, and subsequently engages in 
such conduct; or 
(6) causes another person to travel in interstate or for-
eign commerce or to enter or leave Indian country by force, 
coercion, duress, or fraud, and in the course of, as a result 
of, or to facilitate such conduct or travel engages in con-
duct that violates the portion of a protection order that 
prohibits or provides protection against violence, threats, or 
harassment against, contact or communication with, or 
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physical proximity to, another person, or that would violate 
such a portion of a protection order in the jurisdiction in 
which the order was issued; 
shall be punished as provided in subsection (b). 
(b) PUNISHMENT.—Whoever violates subsection (a) shall 
be imprisoned— 
(1) for life or any term of years, if death of the victim 
results; 
(2) for not more than 20 years if permanent disfigure-
ment or life threatening bodily injury to the victim results; 
(3) for not more than 10 years, if serious bodily injury 
to the victim results or if the offender uses a dangerous 
weapon during the offense; 
(4) as provided for the applicable conduct under sub-
chapter A of chapter 13 if the offense would constitute an 
offense under that subchapter (without regard to whether 
the offense was committed in the special maritime and ter-
ritorial jurisdiction of the United States or in a Federal 
prison); and 
(5) for not more than 5 years, in any other case. 
§ 162. Pretrial release of defendant 
In any proceeding pursuant to section 3142 for the pur-
pose of determining whether a defendant charged under this 
subchapter shall be released pending trial, or for the purpose 
of determining conditions of such release, the alleged victim 
shall be given an opportunity to be heard regarding the danger 
posed by the defendant. 
§ 163. Full faith and credit given to protection or-
ders 
(a) FULL FAITH AND CREDIT.—Any protection order con-
sistent with subsection (b) issued by a court of one State or 
Indian tribe (hereinafter in this section referred to as the 
‘‘issuing State or Indian tribe’’) shall be accorded full faith and 
credit by the court of another State or Indian tribe (hereinafter 
in this section referred to as the ‘‘enforcing State or Indian 
tribe’’) and enforced as if it were the order of the enforcing 
State or tribe. 
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(b) PROTECTION ORDER.—A protection order issued by a 
State or tribal court is consistent with this subsection if— 
(1) such court has jurisdiction over the parties and 
matter under the law of such State or Indian tribe; and 
(2) reasonable notice and opportunity to be heard is 
given to the person against whom the order is sought suffi-
cient to protect that person’s right to due process. In the 
case of ex parte orders, notice and opportunity to be heard 
must be provided within the time required by State or trib-
al law, and in any event within a reasonable time after the 
order is issued, sufficient to protect the respondent’s due 
process rights. 
(c) CROSS OR COUNTER PETITION.—A protection order 
issued by a State or tribal court against one who has peti-
tioned, filed a complaint, or otherwise filed a written pleading 
for protection against abuse by a spouse or intimate partner is 
not entitled to full faith and credit if— 
(1) no cross or counter petition, complaint, or other 
written pleading was filed seeking such a protection order; 
or 
(2) a cross or counter petition has been filed and the 
court did not make specific findings that each party was 
entitled to such an order. 
(d) NOTIFICATION AND REGISTRATION.— 
(1) NOTIFICATION.—A State or Indian tribe according 
full faith and credit to an order by a court of another State 
or Indian tribe shall not notify or require notification of the 
party against whom a protection order has been issued that 
the protection order has been registered or filed in that en-
forcing State or tribal jurisdiction unless requested to do 
so by the party protected under such order. 
(2) NO
PRIOR
REGISTRATION
OR
FILING
AS
PRE-
REQUISITE FOR ENFORCEMENT.—Any protection order that 
is otherwise consistent with this section shall be accorded 
full faith and credit, notwithstanding failure to comply with 
any requirement that the order be registered or filed in the 
enforcing State or tribal jurisdiction. 
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(e) TRIBAL COURT JURISDICTION.—For purposes of this 
section, a tribal court shall have full civil jurisdiction to enforce 
protection orders, including authority to enforce any orders 
through civil contempt proceedings, exclusion of violators from 
Indian lands, and other appropriate mechanisms, in matters 
arising within the authority of the tribe. 
§ 164. Definitions 
As used in this subchapter— 
(1) the term ‘‘course of conduct’’ means a pattern of 
conduct composed of 2 or more acts, demonstrating a con-
tinuity of purpose; 
(2) the term ‘‘enter or leave Indian country’’ includes 
leaving the jurisdiction of 1 tribal government and entering 
the jurisdiction of another tribal government; 
(3) the term ‘‘protection order’’ includes any injunc-
tion or other order issued for the purpose of preventing vio-
lent or threatening acts or harassment against, or contact 
or communication with or physical proximity to, another 
person, including any temporary or final order issued by a 
civil and criminal court (other than a support or child cus-
tody order issued pursuant to State divorce and child cus-
tody laws, except to the extent that such an order is enti-
tled to full faith and credit under other Federal law) 
whether obtained by filing an independent action or as a 
pendente lite order in another proceeding so long as any 
civil order was issued in response to a complaint, petition, 
or motion filed by or on behalf of a person seeking protec-
tion; 
(4) the term ‘‘spouse or intimate partner’’ includes— 
(A) for purposes of— 
(i) all provisions except paragraphs (3) and 
(4) of section 161, a spouse or former spouse of the 
abuser, a person who shares a child in common 
with the abuser, and a person who cohabits or has 
cohabited as a spouse with the abuser; and 
(ii) paragraphs (3) and (4) of section 161, a 
spouse or former spouse of the target of the stalk-
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ing, a person who shares a child in common with 
the target of the stalking, and a person who cohab-
its or has cohabited as a spouse with the target of 
the stalking; and 
(B) any other person similarly situated to a spouse 
who is protected by the domestic or family violence 
laws of the State or tribal jurisdiction in which the in-
jury occurred or where the victim resides; and 
(5) the term ‘‘travel in interstate or foreign com-
merce’’ does not include travel from one State to another 
by an individual who is a member of an Indian tribe and 
who remains at all times in the territory of the Indian tribe 
of which the individual is a member. 
SUBCHAPTER I—PROTECTION OF UNBORN 
CHILDREN 
Sec. 
171.
Protection of unborn children. 
172.
Partial-birth abortions prohibited 
§ 171. Protection of unborn children 
(a)(1) Whoever engages in conduct that violates any of the 
provisions of law listed in subsection (b) and thereby causes the 
death of, or bodily injury to, a child, who is in utero at the 
time the conduct takes place, is guilty of a separate offense 
under this section. 
(2)(A) Except as otherwise provided in this paragraph, the 
punishment for that separate offense is the same as the punish-
ment provided under Federal law for that conduct had that in-
jury or death occurred to the unborn child’s mother. 
(B) An offense under this section does not require proof 
that— 
(i) the person engaging in the conduct had knowledge 
or should have had knowledge that the victim of the under-
lying offense was pregnant; or 
(ii) the defendant intended to cause the death of, or 
bodily injury to, the unborn child. 
(C) If the person engaging in the conduct thereby inten-
tionally kills or attempts to kill the unborn child, that person 
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shall instead of being punished under subparagraph (A) and 
subject to subparagraph (D), be punished as provided under 
subchapter A for the like offense. 
(D) Notwithstanding any other provision of law, the death 
penalty shall not be imposed for an offense under this section. 
(b) The provisions referred to in subsection (a) are the fol-
lowing: 
(1) Sections 101, 102, 111, 121, 123, 143, 161, 165, 
201, 204, 271, 273, 413(e), 501, 502, 506, 507, 584, 593, 
601, 614, 631, 873, 892, 895, 897, 1112, 1131, 1133, 
1137, 1138, 1204, 1216, 1291, 1296, 1306, and 1373 of 
this title. 
(2) Section 202 of the Atomic Energy Act of 1954 (42 
U.S.C. 2283). 
(c) Nothing in this section shall be construed to permit the 
prosecution— 
(1) of any person for conduct relating to an abortion 
for which the consent of the pregnant woman, or a person 
authorized by law to act on her behalf, has been obtained 
or for which such consent is implied by law; 
(2) of any person for any medical treatment of the 
pregnant woman or her unborn child; or 
(3) of any woman with respect to her unborn child. 
(d) As used in this section, the term ‘‘unborn child’’ 
means a child in utero, and the term ‘‘child in utero’’ or ‘‘child, 
who is in utero’’ means a member of the species homo sapiens, 
at any stage of development, who is carried in the womb. 
§ 172. Partial-birth abortions prohibited 
(a) Any physician who, in or affecting interstate or foreign 
commerce, knowingly performs a partial-birth abortion and 
thereby kills a human fetus shall be fined under this title or 
imprisoned not more than 2 years, or both. This subsection 
does not apply to a partial-birth abortion that is necessary to 
save the life of a mother whose life is endangered by a physical 
disorder, physical illness, or physical injury, including a life-en-
dangering physical condition caused by or arising from the 
pregnancy itself. 
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(b) As used in this section— 
(1) the term ‘‘partial-birth abortion’’ means an abor-
tion in which the person performing the abortion— 
(A) deliberately and intentionally vaginally delivers 
a living fetus until, in the case of a head-first presen-
tation, the entire fetal head is outside the body of the 
mother, or, in the case of breech presentation, any part 
of the fetal trunk past the navel is outside the body of 
the mother, for the purpose of performing an overt act 
that the person knows will kill the partially delivered 
living fetus; and 
(B) performs the overt act, other than completion 
of delivery, that kills the partially delivered living fetus; 
and 
(2) the term ‘‘physician’’ means a doctor of medicine 
or osteopathy legally authorized to practice medicine and 
surgery by the State in which the doctor performs such ac-
tivity, or any other individual legally authorized by the 
State to perform abortions: Provided, however, That any 
individual who is not a physician or not otherwise legally 
authorized by the State to perform abortions, but who nev-
ertheless directly performs a partial-birth abortion, shall be 
subject to the provisions of this section. 
(c)(1) The father, if married to the mother at the time she 
receives a partial-birth abortion procedure, and if the mother 
has not attained the age of 18 years at the time of the abor-
tion, the maternal grandparents of the fetus, may in a civil ac-
tion obtain appropriate relief, unless the pregnancy resulted 
from the plaintiff’s criminal conduct or the plaintiff consented 
to the abortion. 
(2) Such relief shall include— 
(A) money damages for all injuries, psychological and 
physical, occasioned by the violation of this section; and 
(B) statutory damages equal to three times the cost of 
the partial-birth abortion. 
(d)(1) A defendant accused of an offense under this sec-
tion may seek a hearing before the State Medical Board on 
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