844 
or from a Federal penal or correctional institution, shall 
be imprisoned not more than three years. 
‘‘§ 1103. Flight to avoid prosecution or giving testi-
mony 
‘‘(a) OFFENSE.—Whoever moves or travels in inter-
state or foreign commerce with intent— 
‘‘(1) to avoid prosecution, or custody or confine-
ment after conviction, under the laws of the place 
from which he flees, for a crime, or an attempt to 
commit a crime, punishable by death or which is a 
felony under the laws of the place from which the 
fugitive flees; 
‘‘(2) to avoid giving testimony in any criminal 
proceedings in such place in which the commission 
of an offense punishable by death or which is a fel-
ony under the laws of such place, is charged; or 
‘‘(3) to avoid service of, or contempt pro-
ceedings for alleged disobedience of, lawful process 
requiring attendance and the giving of testimony or 
the production of documentary evidence before an 
agency of a State empowered by the law of such 
State to conduct investigations of alleged criminal 
activities; 
shall be imprisoned not more than five years. 
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‘‘(b) SPECIAL VENUE AND APPROVAL REQUIRED.— 
Violations of this section may be prosecuted only in the 
Federal judicial district in which the original crime was 
alleged to have been committed, or in which the person 
was held in custody or confinement, or in which an avoid-
ance of service of process or a contempt referred to in 
subsection (a)(3) is alleged to have been committed, and 
only upon formal approval in writing by the Attorney Gen-
eral, the Deputy Attorney General, the Associate Attorney 
General, or an Assistant Attorney General of the United 
States, which function of approving prosecutions may not 
be delegated. 
‘‘§ 1104. Flight to avoid prosecution for damaging or 
destroying any building or other real or 
personal property 
‘‘(a) OFFENSE.—Whoever moves or travels in inter-
state or foreign commerce with intent— 
‘‘(1) to avoid prosecution, or custody, or con-
finement after conviction, under the laws of the 
place from which he flees, for attempting to or dam-
aging or destroying by fire or explosive any building, 
structure, facility, vehicle, dwelling house, syna-
gogue, church, religious center or educational insti-
tution, public or private; or 
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‘‘(2) to avoid giving testimony in any criminal 
proceeding relating to any such offense; 
shall be imprisoned not more than five years. 
‘‘(b) VENUE.—Violations of this section may be pros-
ecuted in the Federal judicial district in which the original 
crime was alleged to have been committed or in which the 
person was held in custody or confinement. 
‘‘(c) RULE OF CONSTRUCTION.—This section shall 
not be construed as indicating an intent on the part of 
Congress to prevent the exercise by a State of any jurisdic-
tion over any offense over which that State would have 
jurisdiction in the absence of such section. 
‘‘SUBCHAPTER I—OBSTRUCTION OF JUSTICE 
‘‘1131. Assault on process server. 
‘‘1132. Influencing or injuring officer or juror generally. 
‘‘1133. Obstruction of proceedings before departments, agencies, and commit-
tees. 
‘‘1134. Obstruction of Court orders. 
‘‘1135. Obstruction of criminal investigations. 
‘‘1136. Obstruction of State or local law enforcement with regard to illegal gam-
bling business. 
‘‘1137. Tampering with a witness, victim, or an informant. 
‘‘1138. Retaliating against a witness, victim, or an informant. 
‘‘1139. Civil action to restrain harassment of a victim or witness. 
‘‘1140. Civil action to protect against retaliation in fraud cases. 
‘‘1141. Definitions for certain provisions; general provision. 
‘‘1142. Destruction of corporate audit records. 
‘‘§ 1131. Assault on process server 
‘‘Whoever— 
‘‘(1) knowingly obstructs, resists, or opposes 
any officer of the United States, or other person 
duly authorized, in serving, or attempting to serve or 
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execute, any legal or judicial writ or process of any 
court of the United States, or United States mag-
istrate judge; or 
‘‘(2) assaults, beats, or wounds any officer or 
other person duly authorized, knowing him to be 
such officer, or other person so duly authorized, in 
serving or executing any such writ, rule, order, proc-
ess, warrant, or other legal or judicial writ or proc-
ess; 
shall, except as otherwise provided by law, be imprisoned 
not more than one year. 
‘‘§ 1132. Influencing or injuring officer or juror gen-
erally 
‘‘(a) ELEMENTS OF THE OFFENSE.—Whoever cor-
ruptly, or by threats or force, or by any threatening letter 
or communication, endeavors to influence, intimidate, or 
impede any grand or petit juror, or officer in or of any 
court of the United States, or officer who may be serving 
at any examination or other proceeding before any United 
States magistrate judge or other committing magistrate, 
in the discharge of duty, or injures any such grand or petit 
juror in his or her person or property on account of any 
verdict or indictment assented to by him or her, or on ac-
count of being or having been such juror, or injures any 
such officer, magistrate judge, or other committing mag-
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istrate in his or her person or property on account of the 
performance of his official duties, or corruptly or by 
threats or force, or by any threatening letter or commu-
nication, influences, obstructs, or impedes, or endeavors 
to influence, obstruct, or impede, the due administration 
of justice, shall be punished as provided in subsection (b). 
If the offense under this section occurs in connection with 
a trial of a criminal case, and the act in violation of this 
section involves the threat of physical force or physical 
force, the maximum term of imprisonment which may be 
imposed for the offense shall be the higher of that other-
wise provided by law or the maximum term that could 
have been imposed for any offense charged in such case. 
‘‘(b) PUNISHMENT.—The punishment for an offense 
under this section is— 
‘‘(1) in the case of a killing, the punishment 
provided in sections 103 and 104; 
‘‘(2) in the case of an attempted killing, or a 
case in which the offense was committed against a 
petit juror and, imprisonment for not more than 20 
years; and 
‘‘(3) in any other case, imprisonment for not 
more than 10 years. 
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‘‘§ 1133. Obstruction of proceedings before depart-
ments, agencies, and committees 
‘‘Whoever— 
‘‘(1) with intent to avoid, evade, prevent, or ob-
struct compliance, in whole or in part, with any civil 
investigative demand duly and properly made under 
the Antitrust Civil Process Act, knowingly withholds, 
misrepresents, removes from any place, conceals, 
covers up, destroys, mutilates, alters, or by other 
means falsifies any documentary material, answers 
to written interrogatories, or oral testimony, which is 
the subject of such demand; or attempts to do so or 
solicits another to do so; or 
‘‘(2) corruptly, or by threats or force, or by any 
threatening letter or communication influences, ob-
structs, or impedes the due and proper administra-
tion of the law under which any pending proceeding 
is being had before any department or agency of the 
United States, or the due and proper exercise of the 
power of inquiry under which any inquiry or inves-
tigation is being had by either House, or any com-
mittee of either House or any joint committee of the 
Congress; 
shall be imprisoned not more than 5 years or, if the of-
fense involves international or domestic terrorism (as de-
fined in section 283), imprisoned not more than 8 years. 
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‘‘§ 1134. Obstruction of Court orders 
‘‘(a) OFFENSE.—Whoever, by threats or force, know-
ingly prevents, obstructs, impedes, or interferes with the 
due exercise of rights or the performance of duties under 
any order, judgment, or decree of a court of the United 
States, shall be imprisoned not more than one year. 
‘‘(b) INJUNCTIVE AND OTHER RELIEF AVAILABLE.— 
No injunctive or other civil relief against the conduct made 
criminal by this section shall be denied on the ground that 
such conduct is a crime. 
‘‘§ 1135. Obstruction of criminal investigations 
‘‘(a) IN GENERAL.—Whoever knowingly attempts by 
means of bribery to obstruct, delay, or prevent the commu-
nication of information relating to a violation of any crimi-
nal statute of the United States by any person to a crimi-
nal investigator shall be imprisoned not more than five 
years. 
‘‘(b) FINANCIAL INSTITUTIONS.—(1) Whoever, being 
an officer of a financial institution, with the intent to ob-
struct a judicial proceeding, notifies any other person 
about the existence or contents of a subpoena for records 
of that financial institution, or information that has been 
furnished in response to that subpoena, shall be impris-
oned not more than 5 years. 
‘‘(2) Whoever, being an officer of a financial institu-
tion notifies— 
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‘‘(A) a customer of that financial institution 
whose records are sought by a subpoena for records; 
or 
‘‘(B) any other person named in that subpoena; 
about the existence or contents of that subpoena or infor-
mation that has been furnished in response to that sub-
poena, shall be imprisoned not more than one year. 
‘‘(3) As used in this subsection— 
‘‘(A) the term ‘an officer of a financial institu-
tion’ means an officer, director, partner, employee, 
agent, or attorney of or for a financial institution; 
and 
‘‘(B) the term ‘subpoena for records’ means a 
Federal grand jury subpoena or a Department of 
Justice subpoena (issued under section 3486 of title 
18), for customer records that has been served relat-
ing to a violation of, or a conspiracy to violate— 
‘‘(i) section 1003, 644, 645, 773, 774, 
775, 779, 804, 1451, 1452, or chapter 53 of 
title 31; or 
‘‘(ii) section 801 or 803 affecting a finan-
cial institution. 
‘‘(c) DEFINITION.—As used in this section, the term 
‘criminal investigator’ means any individual duly author-
ized by a department, agency, or armed force of the 
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United States to conduct or engage in investigations of 
or prosecutions for violations of the criminal laws of the 
United States. 
‘‘(d) INSURANCE.—(1) Whoever— 
‘‘(A) acting as, or being, an officer, director, 
agent or employee of a person engaged in the busi-
ness of insurance whose activities affect interstate 
commerce, or 
‘‘(B) is engaged in the business of insurance 
whose activities affect interstate commerce or is in-
volved (other than as an insured or beneficiary 
under a policy of insurance) in a transaction relating 
to the conduct of affairs of such a business, 
with intent to obstruct a judicial proceeding, notifies any 
other person about the existence or contents of a subpoena 
for records of that person engaged in such business or in-
formation that has been furnished to a Federal grand jury 
in response to that subpoena, shall be imprisoned not more 
than 5 years. 
‘‘(2) As used in paragraph (1), the term ‘subpoena 
for records’ means a Federal grand jury subpoena for 
records that has been served relating to a violation of, or 
a conspiracy to violate, section 790. 
‘‘(e) Whoever, having been notified of the applicable 
disclosure prohibitions or confidentiality requirements of 
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section 3120G(c)(1) of this title, section 626(d)(1) or 
627(c)(1) of the Fair Credit Reporting Act, section 
1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Finan-
cial Privacy Act of 1978, or section 802(b)(1) of the Na-
tional Security Act of 1947, knowingly and with the intent 
to obstruct an investigation or judicial proceeding violates 
such prohibitions or requirements applicable by law to 
such person shall be imprisoned for not more than five 
years. 
‘‘§ 1136. Obstruction of State or local law enforce-
ment with regard to illegal gambling 
business 
‘‘(a) ELEMENTS OF THE OFFENSE.—It shall be un-
lawful for two or more persons to conspire to obstruct the 
enforcement of the criminal laws of a State or political 
subdivision thereof, with the intent to facilitate an illegal 
gambling business if— 
‘‘(1) one or more of such persons does any act 
to effect the object of such a conspiracy; 
‘‘(2) one or more of such persons is an official 
or employee, elected, appointed, or otherwise, of such 
State or political subdivision; and 
‘‘(3) one or more of such persons conducts fi-
nances, manages, supervises, directs, or owns all or 
part of an illegal gambling business. 
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‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘illegal gambling business’ means 
a gambling business which— 
‘‘(A) is a violation of the law of a State or 
political subdivision in which it is conducted; 
‘‘(B) involves five or more persons who 
conduct, finance, manage, supervise, direct, or 
own all or part of such business; and 
‘‘(C) has been or remains in substantially 
continuous operation for a period in excess of 
thirty days or has a gross revenue of $2,000 in 
any single day; and 
‘‘(2) the term ‘gambling’ includes pool-selling, 
bookmaking, maintaining slot machines, roulette 
wheels, or dice tables, and conducting lotteries, pol-
icy, bolita or numbers games, or selling chances 
therein. 
‘‘(c) EXCLUSION.—This section does not apply to any 
bingo game, lottery, or similar game of chance conducted 
by an organization exempt from tax under paragraph (3) 
of subsection (c) of section 501 of the Internal Revenue 
Code of 1986, if no part of the gross receipts derived from 
such activity inures to the benefit of any private share-
holder, member, or employee of such organization, except 
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as reimbursement for actual expenses incurred in the con-
duct of such activity. 
‘‘(d) PUNISHMENT.—Whoever violates this section 
shall be imprisoned not more than five years. 
‘‘§ 1137. Tampering with a witness, victim, or an in-
formant 
‘‘(a) VIOLENT OFFENSE.— 
‘‘(1) KILLING.—Whoever kills or attempts to 
kill another person, with intent to— 
‘‘(A) prevent the attendance or testimony 
of any person in an official proceeding; 
‘‘(B) prevent the production of a record, 
document, or other object, in an official pro-
ceeding; or 
‘‘(C) prevent the communication by any 
person to a law enforcement officer or judge of 
the United States of information relating to the 
commission or possible commission of a Federal 
offense or a violation of conditions of probation, 
parole, or release pending judicial proceedings; 
shall be punished as provided in paragraph (3). 
‘‘(2) USE OR THREAT OF PHYSICAL FORCE.— 
Whoever uses physical force or the threat of physical 
force against any person, or attempts to do so, with 
intent to— 
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‘‘(A) influence, delay, or prevent the testi-
mony of any person in an official proceeding; 
‘‘(B) cause or induce any person to— 
‘‘(i) withhold testimony, or withhold a 
record, document, or other object, from an 
official proceeding; 
‘‘(ii) alter, destroy, mutilate, or con-
ceal an object with intent to impair the in-
tegrity or availability of the object for use 
in an official proceeding; 
‘‘(iii) evade legal process summoning 
that person to appear as a witness, or to 
produce a record, document, or other ob-
ject, in an official proceeding; or 
‘‘(iv) be absent from an official pro-
ceeding to which that person has been 
summoned by legal process; or 
‘‘(C) hinder, delay, or prevent the commu-
nication to a law enforcement officer or judge 
of the United States of information relating to 
the commission or possible commission of a 
Federal offense or a violation of conditions of 
probation, supervised release, parole, or release 
pending judicial proceedings; 
shall be punished as provided in paragraph (3). 
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‘‘(3) PUNISHMENT.—The punishment for an of-
fense under this subsection is— 
‘‘(A) in the case of a murder, the same as 
provided for a like offense in chapter 10; 
‘‘(B) in the case of an attempt to murder 
or the use or attempted use of physical force 
against any person, imprisonment for not more 
than 30 years; and 
‘‘(C) in the case of the threat of use of 
physical force against any person, imprisonment 
for not more than 20 years. 
‘‘(b) NONVIOLENT OFFENSES INVOLVING OTHER 
PERSONS.—Whoever knowingly uses intimidation, threat-
ens, or corruptly persuades another person, or attempts 
to do so, or engages in misleading conduct toward another 
person, with intent to— 
‘‘(1) influence, delay, or prevent the testimony 
of any person in an official proceeding; 
‘‘(2) cause or induce any person to— 
‘‘(A) withhold testimony, or withhold a 
record, document, or other object, from an offi-
cial proceeding; 
‘‘(B) alter, destroy, mutilate, or conceal an 
object with intent to impair the object’s integ-
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rity or availability for use in an official pro-
ceeding; 
‘‘(C) evade legal process summoning that 
person to appear as a witness, or to produce a 
record, document, or other object, in an official 
proceeding; or 
‘‘(D) be absent from an official proceeding 
to which such person has been summoned by 
legal process; or 
‘‘(3) hinder, delay, or prevent the communica-
tion to a law enforcement officer or judge of the 
United States of information relating to the commis-
sion or possible commission of a Federal offense or 
a violation of conditions of probation, supervised re-
lease, parole, or release pending judicial proceedings. 
‘‘(c) NONVIOLENT
OFFENSES
NOT
INVOLVING 
OTHER PERSONS.—Whoever corruptly— 
‘‘(1) alters, destroys, mutilates, or conceals a 
record, document, or other object, or attempts to do 
so, with the intent to impair the object’s integrity or 
availability for use in an official proceeding; or 
‘‘(2) otherwise obstructs, influences, or impedes 
any official proceeding, or attempts to do so, 
shall be imprisoned not more than 20 years. 
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‘‘(d) HARASSMENT.—Whoever intentionally harasses 
another person and thereby hinders, delays, prevents, or 
dissuades any person from— 
‘‘(1) attending or testifying in an official pro-
ceeding; 
‘‘(2) reporting to a law enforcement officer or 
judge of the United States the commission or pos-
sible commission of a Federal offense or a violation 
of conditions of probation, supervised release, parole, 
or release pending judicial proceedings; 
‘‘(3) arresting or seeking the arrest of another 
person in connection with a Federal offense; or 
‘‘(4) causing a criminal prosecution, or a parole 
or probation revocation proceeding, to be sought or 
instituted, or assisting in such prosecution or pro-
ceeding; 
shall be imprisoned not more than one year. 
‘‘(e) AFFIRMATIVE DEFENSE.—In a prosecution for 
an offense under this section, it is an affirmative defense, 
that the conduct consisted solely of lawful conduct and 
that the defendant’s sole intention was to encourage, in-
duce, or cause the other person to testify truthfully. 
‘‘(f) SPECIAL RULES.—For the purposes of this sec-
tion— 
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‘‘(1) an official proceeding need not be pending 
or about to be instituted at the time of the offense; 
and 
‘‘(2) the testimony, or the record, document, or 
other object need not be admissible in evidence or 
free of a claim of privilege. 
‘‘(g) STATE OF MIND.—In a prosecution for an of-
fense under this section, no state of mind need be proved 
with respect to the circumstance— 
‘‘(1) that the official proceeding before a judge, 
court, magistrate judge, grand jury, or government 
agency is before a judge or court of the United 
States, a United States magistrate judge, a bank-
ruptcy judge, a Federal grand jury, or a Federal 
Government agency; or 
‘‘(2) that the judge is a judge of the United 
States or that the law enforcement officer is an offi-
cer or employee of the Federal Government or a per-
son authorized to act for or on behalf of the Federal 
Government or serving the Federal Government as 
an adviser or consultant. 
‘‘(h) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial Federal jurisdiction over an offense under 
this section. 
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‘‘(i) VENUE.—A prosecution under this section or 
section 1132 may be brought in the district in which the 
official proceeding (whether or not pending or about to 
be instituted) was intended to be affected or in the district 
in which the conduct constituting the alleged offense oc-
curred. 
‘‘(j) INCREASED PUNISHMENT.—If the offense under 
this section occurs in connection with a trial of a criminal 
case, the maximum term of imprisonment which may be 
imposed for the offense shall be the higher of that other-
wise provided by law or the maximum term that could 
have been imposed for any offense charged in such case. 
‘‘§ 1138. Retaliating against a witness, victim, or an 
informant 
‘‘(a) OFFENSES INVOLVING KILLING.— 
‘‘(1) ELEMENTS OF THE OFFENSE.—Whoever 
kills another person with intent to retaliate against 
any person for— 
‘‘(A) the attendance of a witness or party 
at an official proceeding, or any testimony given 
or any record, document, or other object pro-
duced by a witness in an official proceeding; or 
‘‘(B) providing to a law enforcement officer 
any information relating to the commission or 
possible commission of a Federal offense or a 
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violation of conditions of probation, supervised 
release, parole, or release pending judicial pro-
ceedings, 
shall be punished as provided in paragraph (2). 
‘‘(2) PUNISHMENT.—The punishment for an of-
fense under this subsection is the same as for a like 
offense under subchapter A of chapter 10. 
‘‘(b) OFFENSES INVOLVING BODILY INJURY.—Who-
ever knowingly engages in any conduct and thereby causes 
bodily injury to another person or damages the tangible 
property of another person, or threatens to do so, with 
intent to retaliate against any person for— 
‘‘(1) the attendance of a witness or party at an 
official proceeding, or any testimony given or any 
record, document, or other object produced by a wit-
ness in an official proceeding; or 
‘‘(2) any information relating to the commission 
or possible commission of a Federal offense or a vio-
lation of conditions of probation, supervised release, 
parole, or release pending judicial proceedings given 
by a person to a law enforcement officer, 
shall be imprisoned for not more than 20 years. 
‘‘(c) INCREASED PUNISHMENT.—If the retaliation 
occurred because of attendance at or testimony in a crimi-
nal case, the maximum term of imprisonment which may 
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be imposed for the offense under this section shall be the 
higher of that otherwise provided by law or the maximum 
term that could have been imposed for any offense charged 
in such case. 
‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial Federal jurisdiction over an offense under 
this section. 
‘‘(e) OTHER
RETALIATION.—Whoever knowingly, 
with the intent to retaliate, takes any action harmful to 
any person, including interference with the lawful employ-
ment or livelihood of any person, for providing to a law 
enforcement officer any truthful information relating to 
the commission or possible commission of any Federal of-
fense, shall be imprisoned not more than 10 years. 
‘‘§ 1139. Civil action to restrain harassment of a vic-
tim or witness 
‘‘(a) TEMPORARY
RESTRAINING
ORDER.—(1) A 
United States district court, upon application of the attor-
ney for the Government, shall issue a temporary restrain-
ing order prohibiting harassment of a victim or witness 
in a Federal criminal case if the court finds, from specific 
facts shown by affidavit or by verified complaint, that 
there are reasonable grounds to believe that harassment 
of an identified victim or witness in a Federal criminal 
case exists or that such order is necessary to prevent and 
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restrain an offense under section 1137, other than an of-
fense consisting of misleading conduct, or under section 
1138. 
‘‘(2)(A) A temporary restraining order may be issued 
under this section without written or oral notice to the 
adverse party or such party’s attorney in a civil action 
under this section if the court finds, upon written certifi-
cation of facts by the attorney for the Government, that 
such notice should not be required and that there is a rea-
sonable probability that the Government will prevail on the 
merits. 
‘‘(B) A temporary restraining order issued without 
notice under this section shall be endorsed with the date 
and hour of issuance and be filed forthwith in the office 
of the clerk of the court issuing the order. 
‘‘(C) A temporary restraining order issued under this 
section shall expire at such time, not to exceed 14 days 
from issuance, as the court directs; the court, for good 
cause shown before expiration of such order, may extend 
the expiration date of the order for up to 14 days or for 
such longer period agreed to by the adverse party. 
‘‘(D) When a temporary restraining order is issued 
without notice, the motion for a protective order shall be 
set down for hearing at the earliest possible time and takes 
precedence over all matters except older matters of the 
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865 
same character, and when such motion comes on for hear-
ing, if the attorney for the Government does not proceed 
with the application for a protective order, the court shall 
dissolve the temporary restraining order. 
‘‘(E) If on two days notice to the attorney for the 
Government, excluding intermediate weekends and holi-
days, or on such shorter notice as the court may prescribe, 
the adverse party appears and moves to dissolve or modify 
the temporary restraining order, the court shall proceed 
to hear and determine such motion as expeditiously as the 
ends of justice require. 
‘‘(F) A temporary restraining order shall set forth the 
reasons for the issuance of such order, be specific in 
terms, and describe in reasonable detail (and not by ref-
erence to the complaint or other document) the act or acts 
being restrained. 
‘‘(b) PROTECTIVE ORDER.—(1) A United States dis-
trict court, upon motion of the attorney for the Govern-
ment, or on its own motion shall issue a protective order 
prohibiting harassment of a victim or witness in a Federal 
criminal case or investigation if the court, after a hearing, 
finds by a preponderance of the evidence that harassment 
of an identified victim or witness in a Federal criminal 
case or investigation exists or that such order is necessary 
to prevent and restrain an offense under section 1137, 
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bodily injury and under circumstances manifesting 
extreme indifference to such risk, 
uses a hazardous or injurious device on Federal land, on 
an Indian reservation, or on an Indian allotment while the 
title to such allotment is held in trust by the United States 
or while such allotment remains inalienable by the allottee 
without the consent of the United States shall be punished 
under subsection (b). 
‘‘(b) PUNISHMENT.—An individual who violates sub-
section (a) shall— 
‘‘(1) if death of an individual results, be impris-
oned for any term of years or for life; 
‘‘(2) if serious bodily injury to any individual 
results, be imprisoned for not more than 40 years; 
‘‘(3) if bodily injury to any individual results, 
be imprisoned for not more than 20 years; 
‘‘(4) if damage to the property of any individual 
results or if avoidance costs have been incurred ex-
ceeding $10,000, in the aggregate, be imprisoned for 
not more than 20 years; and 
‘‘(5) in any other case, be imprisoned for not 
more than one year. 
‘‘(c) INCREASED PUNISHMENT.—Any individual who 
is punished under subsection (b)(5) after one or more 
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