§ 1114. — Protection of officers and employees of the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1114]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 51--HOMICIDE
Sec. 1114. Protection of officers and employees of the United
States
Whoever kills or attempts to kill 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 account of the performance of
official duties, or any person assisting such an officer or employee in
the performance of such duties or on account of that assistance, shall
be punished--
(1) in the case of murder, as provided under section 1111;
(2) in the case of manslaughter, as provided under section 1112;
or
(3) in the case of attempted murder or manslaughter, as provided
in section 1113.
(June 25, 1948, ch. 645, 62 Stat. 756; May 24, 1949, ch. 139, Sec. 24,
63 Stat. 93; Oct. 31, 1951, ch. 655, Sec. 28, 65 Stat. 721; June 27,
1952, ch. 477, title IV, Sec. 402(c), 66 Stat. 276; Pub. L. 85-568,
title III, Sec. 304(d), July 29, 1958, 72 Stat. 434; Pub. L. 87-518,
Sec. 10, July 2, 1962, 76 Stat. 132; Pub. L. 88-493, Sec. 3, Aug. 27,
1964, 78 Stat. 610; Pub. L. 89-74, Sec. 8(b), July 15, 1965, 79 Stat.
234; Pub. L. 90-449, Sec. 2, Aug. 2, 1968, 82 Stat. 611; Pub. L. 91-375,
Sec. 6(j)(9), Aug. 12, 1970, 84 Stat. 777; Pub. L. 91-513, title II,
Sec. 701(i)(1), Oct. 27, 1970, 84 Stat. 1282; Pub. L. 91-596,
Sec. 17(h)(1), Dec. 29, 1970, 84 Stat. 1607; Pub. L. 93-481, Sec. 5,
Oct. 26, 1974, 88 Stat. 1456; Pub. L. 94-284, Sec. 18, May 11, 1976, 90
Stat. 514; Pub. L. 94-582, Sec. 16, Oct. 21, 1976, 90 Stat. 2883; Pub.
L. 95-87, title VII, Sec. 704, Aug. 3, 1977, 91 Stat. 520; Pub. L. 95-
616, Sec. 3(j)(2), Nov. 8, 1978, 92 Stat. 3112; Pub. L. 95-630, title
III, Sec. 307, Nov. 10, 1978, 92 Stat. 3677; Pub. L. 96-296, Sec. 26(c),
July 1, 1980, 94 Stat. 819; Pub. L. 96-466, title VII, Sec. 704, Oct.
17, 1980, 94 Stat. 2216; Pub. L. 97-143, Sec. 1(b), Dec. 29, 1981, 95
Stat. 1724; Pub. L. 97-259, title I, Sec. 128, Sept. 13, 1982, 96 Stat.
1099; Pub. L. 97-365, Sec. 6, Oct. 25, 1982, 96 Stat. 1752; Pub. L. 97-
452, Sec. 2(b), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98-63, title I,
Sec. 101, July 30, 1983, 97 Stat. 313; Pub. L. 98-473, title II,
Sec. 1012, Oct. 12, 1984, 98 Stat. 2142; Pub. L. 98-557, Sec. 17(c),
Oct. 30, 1984, 98 Stat. 2868; Pub. L. 100-690, title VII, Sec. 7026,
Nov. 18, 1988, 102 Stat. 4397; Pub. L. 101-73, title IX, Sec. 962(a)(6),
Aug. 9, 1989, 103 Stat. 502; Pub. L. 101-647, title XII, Sec. 1205(h),
title XVI, Sec. 1606, title XXXV, Sec. 3535, Nov. 29, 1990, 104 Stat.
4831, 4843, 4925; Pub. L. 102-54, Sec. 13(f)(2), June 13, 1991, 105
Stat. 275; Pub. L. 102-365, Sec. 6, Sept. 3, 1992, 106 Stat. 975; Pub.
L. 103-322, title VI, Sec. 60007, title XXXIII, Secs. 330009(c),
330011(g), Sept. 13, 1994, 108 Stat. 1971, 2143, 2145; Pub. L. 104-132,
title VII, Sec. 727(a), Apr. 24, 1996, 110 Stat. 1302; Pub. L. 104-294,
title VI, Sec. 601(f)(2), Oct. 11, 1996, 110 Stat. 3499; Pub. L. 107-
273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., Sec. 253 (May 18, 1934, ch.
299, Sec. 1, 48 Stat. 780; Feb. 8, 1936, ch. 40, 49 Stat. 1105; June 26,
1936, ch. 830, title I, Sec. 3, 49 Stat. 1940; Reorg. Plan No. II,
Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; June 13, 1940,
ch. 359, 54 Stat. 391).
The section was extended to include United States judges, attorneys
and their assistants, and officers of Federal, penal and correctional
institutions in view of the obvious desirability of such protective
legislation.
Employees of the Bureau of Animal Industry have been included in
this section to complete the revision of section 118 of title 18,
U.S.C., 1940 ed., which was consolidated with the assault provisions of
section 254 of said title 18 and is now section 111 of this title. There
seemed no sound reason for including such officers in the protection
against assaults but excluding them from the homicide sections.
For like reasons the section was broadened to include officers or
employees of the Secret Service or of the Bureau of Narcotics.
Changes in phraseology were made.
1949 Act
This section [section 24] amends section 1114 of title 18, U.S.C.,
to conform more closely with the original statute from which it was
derived.
Amendments
2002--Subsec. (b). Pub. L. 107-273 repealed amendment by Pub. L.
104-294. See 1996 Amendment note below.
1996--Pub. L. 104-132 reenacted section catchline without change and
amended text generally, restructuring provisions by inserting par.
designations and substituting reference to section 1113 of this title
and general reference to killing or attempting to kill any officer or
employee of any agency in any branch of United States Government for
more specific references to killing or attempting to kill certain
enumerated officers and employees of United States.
Subsec. (b). Pub. L. 104-294, which directed substitution in text of
``1112,'' for ``1112.'' and could not be executed, was repealed by Pub.
L. 107-273. See above.
1994--Pub. L. 103-322, Sec. 330011(g), repealed Pub. L. 101-647,
Sec. 1606. See 1990 Amendment notes below.
Pub. L. 103-322, Sec. 330009(c), substituted ``or any other officer
or employee of the United States or any agency thereof'' for ``or any
other officer, agency, or employee of the United States''.
Pub. L. 103-322, Sec. 60007, substituted ``punished, in the case of
murder, as provided under section 1111, or, in the case of manslaughter,
as provided under section 1112.'' for ``punished as provided under
sections 1111 and 1112 of this title,''.
1992--Pub. L. 102-365 inserted ``any officer or employee of the
Federal Railroad Administration assigned to perform investigative,
inspection, or law enforcement functions,'' after ``any employee of the
Coast Guard assigned to perform investigative, inspection or law
enforcement functions,''.
1991--Pub. L. 102-54 substituted ``Department of Veterans Affairs''
for ``Veterans' Administration''.
1990--Pub. L. 101-647, Sec. 3535(3), which directed amendment of
section by striking out ``the Federal Savings and Loan Insurance
Corporation,'' could not be executed because that language had been
struck out by Pub. L. 101-73. See 1989 Amendment note below.
Pub. L. 101-647, Sec. 1606(3), which amended this section
identically to amendment by Pub. L. 101-647, Sec. 3535(3), was repealed
by Pub. L. 103-322, Sec. 330011(g). See above.
Pub. L. 101-647, Sec. 3535(1), (2), substituted ``Secret Service''
for ``secret service'' and ``any officer or employee of the Department
of Education, the Department of Health and Human Services,'' for ``any
officer or employee of the Department of Health, Education, and
Welfare,''.
Pub. L. 101-647, Sec. 1606(1), (2), which amended this section
identically to amendment by Pub. L. 101-647, Sec. 3535(1), (2), was
repealed by Pub. L. 103-322, Sec. 330011(g). See above.
Pub. L. 101-647, Sec. 1205(h), inserted ``or any other commonwealth,
territory, or possession'' after ``the Virgin Islands''.
1989--Pub. L. 101-73 struck out ``the Federal Savings and Loan
Insurance Corporation,'' after ``Federal Deposit Insurance
Corporation,'' and substituted ``the Office of Thrift Supervision, the
Federal Housing Finance Board, the Resolution Trust Corporation'' for
``the Federal Home Loan Bank Board''.
1988--Pub. L. 100-690 struck out second comma after ``terms of this
section''.
1984--Pub. L. 98-557 substituted reference to Coast Guard member,
and Coast Guard employee assigned to perform investigative, inspection
or law enforcement functions, for reference to any officer or enlisted
man of the Coast Guard.
Pub. L. 98-473 inserted ``or attempts to kill'' after ``Whoever
kills'', substituted ``or any United States probation or pretrial
services officer, or any United States magistrate, or any officer or
employee of any department or agency within the Intelligence Community
(as defined in section 3.4(F) of Executive Order 12333, December 8,
1981, or successor orders) not already covered under the terms of this
section,'' for ``while engaged in the performance of his official duties
or on account of the performance of his official duties'', inserted ``,
or any other officer, agency, or employee of the United States
designated for coverage under this section in regulations issued by the
Attorney General'', and inserted ``, except that any such person who is
found guilty of attempted murder shall be imprisoned for not more than
twenty years''.
1983--Pub. L. 98-63 inserted ``any civilian official or employee of
the Army Corps of Engineers assigned to perform investigations,
inspections, law or regulatory enforcement functions, or field-level
real estate functions,'' after ``National Park Service,''.
1983--Pub. L. 97-452 substituted ``sections 3711 and 3716-3718 of
title 31'' for ``the Federal Claims Collection Act of 1966 (31 U.S.C.
951 et seq.)''.
1982--Pub. L. 97-365 struck out ``or'' before ``any attorney,
liquidator, examiner, claim agent'' and inserted ``, or any officer or
employee of the United States or any agency thereof designated to
collect or compromise a Federal claim in accordance with the Federal
Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) or other statutory
authority'' before ``shall be punished''.
Pub. L. 97-259 inserted ``or any officer or employee of the Federal
Communications Commission performing investigative, inspection, or law
enforcement functions,'' after ``or law enforcement functions,''.
1981--Pub. L. 97-143 inserted ``any officer or member of the United
States Capitol Police,'' after ``Drug Enforcement Administration,''.
1980--Pub. L. 96-466 inserted ``or any officer or employee of the
Veterans' Administration assigned to perform investigative or law
enforcement functions,'' after ``of the Department of Agriculture
assigned to perform investigative, inspection, or law enforcement
functions,''.
Pub. L. 96-296 inserted ``Interstate Commerce Commission,'' after
``Consumer Product Safety Commission,''.
1978--Pub. L. 95-630 inserted ``or any attorney, liquidator,
examiner, claim agent, or other employee of the Federal Deposit
Insurance Corporation, the Federal Savings and Loan Insurance
Corporation, the Comptroller of the Currency, the Federal Home Loan Bank
Board, the Board of Governors of the Federal Reserve System, any Federal
Reserve bank, or the National Credit Union Administration engaged in or
on account of the performance of his official duties'' before ``shall be
punished''.
Pub. L. 95-616 inserted ``the Department of Commerce,''.
1977--Pub. L. 95-87 inserted ``or of the Department of the
Interior'' after ``or of the Department of Labor''.
1976--Pub. L. 94-582 struck out ``any employee of the Bureau of
Animal Industry of the Department of Agriculture,'' after ``the field
service of the Bureau of Land Management,'' and inserted ``or of the
Department of Agriculture'' after ``or of the Department of Labor''.
Pub. L. 94-284 inserted ``, the Consumer Product Safety
Commission,'' after ``Department of Health, Education, and Welfare''.
1974--Pub. L. 93-481 substituted ``Drug Enforcement Administration''
for ``Bureau of Narcotics and Dangerous Drugs''.
1970--Pub. L. 91-596 substituted ``or of the Department of Labor
assigned to perform investigative, inspection, or law enforcement
functions'', for ``designated by the Secretary of Health, Education, and
Welfare to conduct investigations, or inspections under the Federal
Food, Drug, and Cosmetic Act''.
Pub. L. 91-513 substituted ``Bureau of Narcotics and Dangerous
Drugs'' for ``Bureau of Narcotics''.
Pub. L. 91-375 substituted ``officer or employee of the Postal
Service'', for ``postal inspector, any postmaster, officer, or employee
in the field service of the Post Office Department'' after ``Department
of Justice,''.
1968--Pub. L. 90-449 substituted ``any postal inspector, any
postmaster, officer, or employee in the field service of the Post Office
Department'' for ``any post-office inspector''.
1965--Pub. L. 89-74 included any officer or employee of the
Department of Health, Education, and Welfare designated by the Secretary
of Health, Education, and Welfare to conduct investigations or
inspections under the Federal Food, Drug, and Cosmetic Act.
1964--Pub. L. 88-493 inserted ``or any security officer of the
Department of State or the Foreign Service''.
1962--Pub. L. 87-518 included employees of the Department of
Agriculture performing any function connected with any Federal or State
program, or program of Puerto Rico, Guam, the Virgin Islands, or the
District of Columbia, for control, eradication, or prevention of animal
diseases.
1958--Pub. L. 85-568 included officers and employees of the National
Aeronautics and Space Administration.
1952--Act June 27, 1952, substituted ``any immigration officers''
for ``any immigrant inspector or any immigration patrol inspector''.
1951--Act Oct. 31, 1951, substituted ``the field service of the
Bureau of Land Management'' for ``the field service of the Division of
Grazing of the Department of the Interior''.
1949--Act May 24, 1949, inserted ``any officer, employee or agent of
the customs or of the internal revenue or any person assisting him in
the execution of his duties''.
Effective Date of 2002 Amendment
Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
116 Stat. 1808, provided that the amendment made by section 4002(c)(1)
is effective Oct. 11, 1996.
Effective Date of 1994 Amendment
Section 330011(g) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of Nov. 29, 1990.
Effective Date of 1980 Amendment
Section 802(g)(3) of Pub. L. 96-466 provided in part that the
amendment made by section 704 of Pub. L. 96-466 is effective Oct. 17,
1980.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-630 effective on expiration of 120 days
after Nov. 10, 1978, see section 2101 of Pub. L. 95-630, set out as an
Effective Date note under section 375b of Title 12, Banks and Banking.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976,
see section 27 of Pub. L. 94-582, as amended, set out as a note under
section 74 of Title 7, Agriculture.
Effective Date of 1970 Amendments
Amendment by Pub. L. 91-513 effective on first day of seventh
calendar month that begins after Oct. 26, 1970, see section 704 of Pub.
L. 91-513, set out as an Effective Date note under section 801 of Title
21, Food and Drugs.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89-74 effective July 15, 1965, see section 11
of Pub. L. 89-74.
Savings Provision
Amendment by Pub. L. 91-513 not to affect or abate any prosecutions
for violation of law or any civil seizures or forfeitures and injunctive
proceedings commenced prior to the effective date of such amendment, and
all administrative proceedings pending before the Bureau of Narcotics
and Dangerous Drugs on Oct. 27, 1970, to be continued and brought to
final determination in accord with laws and regulations in effect prior
to Oct. 27, 1970, see section 702 of Pub. L. 91-513, set out as a note
under section 321 of Title 21, Food and Drugs.
Life Imprisonment or Lesser Term for Killing Person in Performance of
Investigative, Inspection, or Law Enforcement Functions
Section 17(h)(2) of Pub. L. 91-596 provided that: ``Notwithstanding
the provisions of sections 1111 and 1114 of title 18, United States
Code, whoever, in violation of the provisions of section 1114 of such
title, kills a person while engaged in or on account of the performance
of investigative, inspection, or law enforcement functions added to such
section 1114 by paragraph (1) of this subsection, and who would
otherwise be subject to the penalty provisions of such section 1111
shall be punished by imprisonment for any term of years or for life.''
Immunity From Criminal Prosecution
Section 5 of Pub. L. 88-493 which provided that nothing in Pub. L.
88-493, which amended this section and section 112 of this title, and
enacted former section 170e-1 of Title 5, Government Organization and
Employees, shall create immunity from criminal prosecution under the
laws of any State, territory, possession, Puerto Rico, or the District
of Columbia, is set out as a note under section 112 of this title.
Section Referred to in Other Sections
This section is referred to in sections 111, 115, 876, 1117, 1201,
1956, 2332b, 2339A of this title; title 7 sections 84, 87c, 2146; title
16 section 742l; title 19 section 1629; title 21 sections 461, 675;
title 25 section 2804; title 42 sections 2000e-13, 14135a.
