Member of CongressDefined
A Member of Congress has been defined as "one who is a component
of the Senate or House of Representatives . . . one who is sharing the
responsibilities and privileges of membership." United States v.
Dietrich, 126 F. 676, 681 (8th Cir. 1904). It is the Criminal
view that the membership of Congress includes not only the presently
membership of one hundred Senators and four hundred thirty-five
but also those representatives or delegates for special geographical
who are extended the privileges of membership, such as the Resident
from Puerto Rico and the Non-Voting Delegate from the District of Columbia.
See Act of September 1970, Pub. L. 91-405, Title II, § 202(a),
Stat. 845 (Non-Voting Delegate from the District of Columbia to have
granted to Representative).|
Note: While, in the Criminal Division's view, the Vice President
be classified as a Member of Congress, any prosecutions for incidents
this official should be pursued under 18 U.S.C. § 1751, the
assassination statute, so as to allow use of the more liberal assault
and reward provision contained in that statute.
[cited in USAM 9-65.700]