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Criminal Resource Manual

1604. Member Of Congress-Elect -- Defined

A Member of Congress-Elect is one who has been certified by the usual State or local certifying official as having been elected to one of the offices discussed above. This term does not encompass a Senator appointed under the 17th Amendment, pending his/her entry upon the office, though, of course, thereafter he/she is a member.

Unlike 18 U.S.C. § 1114 (protection of officers and employees of the United States) these provisions do not require that the attack occur while the victim is engaged in, or be on account of the performance of his/her official 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 the 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 element of the offense itself. See United States v. Feola, 420 U.S. 671 (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]