§ 879. Threats against former Presidents and certain other persons

(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon—

(1) a former President or a member of the immediate family of a former President;

(2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect;

(3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or

(4) a person protected by the Secret Service under section 3056(a)(6);

shall be fined under this title or imprisoned not more than 5 years, or both.

(b) As used in this section—

(1) the term “immediate family” means—

(A) with respect to subsection (a)(1) of this section, the wife of a former President during his lifetime, the widow of a former President until her death or remarriage, and minor children of a former President until they reach sixteen years of age; and

(B) with respect to subsection (a)(2) and (a)(3) of this section, a person to whom the President, President-elect, Vice President, Vice President-elect, or major candidate for the office of President or Vice President—

(i) is related by blood, marriage, or adoption; or

(ii) stands in loco parentis;

(2) the term “major candidate for the office of President or Vice President” means a candidate referred to in subsection (a)(7) of section 3056 of this title; and

(3) the terms “President-elect” and “Vice President-elect” have the meanings given those terms in section 871(b) of this title.

(Added Pub. L. 97–297, § 1(a), Oct. 12, 1982, 96 Stat. 1317; amended Pub. L. 98–587, § 3(a), Oct. 30, 1984, 98 Stat. 3111; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 106–544, § 2(a), (b)(1), Dec. 19, 2000, 114 Stat. 2715.)

Amendments

Amendments

2000—Pub. L. 106–544, § 2(b)(1), struck out “protected by the Secret Service” after “other persons” in section catchline.

Subsec. (a). Pub. L. 106–544, § 2(a)(1)–(4), in par. (3), substituted “a member of the immediate family” for “the spouse”, added par. (4), and, in concluding provisions, struck out “who is protected by the Secret Service as provided by law,” before “shall be fined” and substituted “5 years” for “three years”.

Subsec. (b)(1)(B). Pub. L. 106–544, § 2(a)(5), in introductory provisions, inserted “and (a)(3)” after “subsection (a)(2)” and substituted “Vice President-elect, or major candidate for the office of President or Vice President” for “or Vice President-elect”.

1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions.

1984—Subsec. (b)(2). Pub. L. 98–587 substituted “subsection (a)(7) of section 3056 of this title” for “the first section of the joint resolution entitled ‘Joint resolution to authorize the United States Secret Service to furnish protection to major Presidential or Vice Presidential candidates’, approved June 6, 1968 (18 U.S.C. 3056 note)”.

Transfer Of Functions

Transfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.