Member of Congress-ElectDefined
A Member of Congress-Elect is one who has been certified by the
State or local certifying official as having been elected to one of the
discussed above. This term does not encompass a Senator appointed under the
Amendment, pending his/her entry upon the office, though, of course,
he/she is a member.|
Unlike 18 U.S.C. § 1114 (protection of officers and employees
the United States) these provisions do not require that the attack occur
the victim is engaged in, or be on account of the performance of his/her
duties. Therefore, any incident involving a Member of Congress or Member of
Congress-Elect, would be within these provisions regardless of the timing or
motive of the attack in question.
As with 18 U.S.C. §§ 1114 and 1751, the official status of
victim is merely the basis upon which Federal jurisdiction is asserted.
Knowledge by the defendant of the official status of the victim is not an
of the offense itself. See United States v. Feola, 420 U.S.
(1975); Hearings on H.R. 6097 Before a Subcomm. of the House Comm. on the
Judiciary, 89th Cong., 1st Sess. 33 (1965).
[cited in USAM 9-65.700]