Obstruction of the Secret Service18 U.S.C. §
Section 3056(d) of Title 18 prohibits knowingly and willfully
obstructing, resisting, or interfering with a Federal law enforcement agent
is engaged in protective functions. It is a felony under 18 U.S.C. §
forcibly to assault, resist, oppose, impede, intimidate, or interfere with
Federal law enforcement officers, including Secret Service agents, in the
performance of their duties. Unlike 18 U.S.C. § 111, 18 U.S.C.
appears to require proof of knowledge of the victim's official status.
the similar distinction drawn between 18 U.S.C. § 111 and 26 U.S.C.
7212 in United States v. Rybicki, 403 F.2d 599 (6th Cir. 1968). In
prosecutions under 18 U.S.C. § 3056, it is not necessary to show that
defendant used force against a Federal law enforcement agent. It would
to show that the defendant's willful action constituted an obstruction or
resistance to or interference with, the performance of the protective duties
a Federal law enforcement agent. See S. Rep. No. 1252, 91st Cong.,
Sess. 14 (1970). This statute authorizes Secret Service agents to arrest
who engage in activities which could nullify or reduce the effectiveness of
security precautions taken by the Secret Service, without requiring proof
such interference was forcible or aggressive. Section 3056(d) applies only
those protective functions enumerated therein.|
[cited in USAM 9-65.500]