18 USC Sec. 1513
01/26/98

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 73 - OBSTRUCTION OF JUSTICE

HEADING

Sec. 1513. Retaliating against a witness, victim, or an informant

STATUTE

(a)(1) Whoever kills or attempts to kill 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 produced 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 violation of conditions of probation, parole, or release pending judicial proceedings, shall be punished as provided in paragraph (2).

(a)(2) The punishment for an offense under this subsection is -

(A) in the case of a killing, the punishment provided in sections 1111 and 1112; and

(B) in the case of an attempt, imprisonment for not more than 20 years.

(b) Whoever 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 witness in an official proceeding; or

(2) any 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 given by a person to a law enforcement officer; or attempts to do so, shall be fined under this title or imprisoned not more than ten years, or both.

(c) If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may 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) There is extraterritorial Federal jurisdiction over an offense under this section.

SOURCE

(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1250; amended Pub. L. 103-322, title VI, Sec. 60017, title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L. 104-214, Sec. 1(1), Oct. 1, 1996, 110 Stat. 3017.)

MISCELLANEOUS

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-214, Sec. 1(1)(B), which directed the addition of subsec. (c) at the end of this section, was executed by adding subsec. (c) before subsec. (d) to reflect the probable intent of Congress.
Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec. (c) as (d). Subsec. (d). Pub. L. 104-214, Sec. 1(1)(A), redesignated subsec. (c) as (d).

1994 - Subsec. (a). Pub. L. 103-322, Sec. 60017(2), added subsec. (a). Former subsec. (a) redesignated (b).
    Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted ''fined under this title'' for ''fined not more than $250,000'' in concluding provisions.
Pub. L. 103-322, Sec. 60017(1), redesignated subsec. (a) as (b).
Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 103-322, Sec. 60017(1), redesignated subsec. (b) as (c).

EFFECTIVE DATE

Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97-291, set out as a note under section 1512 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1514, 1515, 1961, 2516,
3142 of this title.