Substantive OffensesAssault18 U.S.C. §
18 U.S.C. § 112(a) prohibits assaults against foreign
official guests, and internationally protected persons (IPPs), and attacks
the official premises, private accommodations, or means of transport of such
persons. The provision also embraces attempts to commit such offenses. By
terms, § 112(a) neither requires proof of injury nor intent to injure
protected person. See United States v. Gan, 636 F.2d 28 (2d
1980), cert. denied, 451 U.S. 1020 (1981).|
18 U.S.C. § 112(b) prohibits acts of intimidation, threats,
coercion and harassment against foreign officials and official guests, and
obstruction of foreign officials in the performance of their duties.
In contrast with 18 U.S.C. § 111, which prohibits assaults upon
U.S. government employees, the word "forcibly" does not appear in relation
term "obstructs" in 18 U.S.C. § 112(b). Consequently, the use of force
not appear necessary in connection with resisting or interfering with the
performance of a foreign official's duties. Cf. Long v. United
States, 119 F.2d 717, 719 (4th Cir. 1952).
Because of the extraterritorial reach of 18 U.S.C. § 112(e),
permits prosecution under this section if a defendant who has victimized an
internationally protected person is "present" within the United States,
conspiracy to commit a violent act against an internationally protected
outside the jurisdiction of the United States is prohibited and subject to
prosecution under 18 U.S.C. § 371.
Senate Report No. 1105, 92d Cong., 2d Sess. 18 (1972), reprinted
at 1972 U.S. Code. Cong. and Adm. News 4316, 4327, includes the
acts as illustrative of the misconduct intended to be covered in 18 U.S.C.
112(b) if done "with intent to intimidate, alarm, or persecute a foreign
or an official guest":
The list is not all-inclusive (S. Rep. No. 1105 at 19) and other ways
violation, either more sophisticated or crude, will no doubt occur to one
on harassment, etc. The Senate Report also cites State and Federal law of
general applicability that will also reach most other, if not all, such
See, e.g., 18 U.S.C. §§ 875, 876 (concerning
threatening telephonic or mailed communications).
- Following (a foreign official or official guest) about in public place
places after being requested not to do so.
- Engaging in a course of conduct, including the use of abusive language,
repeatedly committing acts which alarm, intimidate or persecute him which
no legitimate purpose; or
- Communicating with him anonymously by telephone, telegraph, or
a manner likely to cause annoyance or alarm, or making repeated telephone
to him whether or not conversation ensues, with no purpose of legitimate
[cited in USAM 9-65.800]