Stat/Authority

Page 97

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

§ 343

porting to have been made under authority derived therefrom, shall be fined under this title
or imprisoned not more than five years, or both.

tion] shall apply only with respect to loans made, renewed, or increased on or after the 31st day after the
date of enactment of this Act [July 23, 1965].’’

(June 25, 1948, ch. 645, 62 Stat. 700; Pub. L.
103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994,
108 Stat. 2147.)

CHAPTER 17A—COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 289 (Mar. 4, 1909,
ch. 321, § 174, 35 Stat. 1122).
The reference to persons aiding was omitted as unnecessary, since such persons are made principals by
section 2 of this title.
The last sentence excepting bona fide holders in due
course was omitted as surplusage.
Other changes in phraseology also were made.
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $10,000’’.

§ 336. Issuance of circulating obligations of less
than $1
Whoever makes, issues, circulates, or pays out
any note, check, memorandum, token, or other
obligation for a less sum than $1, intended to
circulate as money or to be received or used in
lieu of lawful money of the United States, shall
be fined under this title or imprisoned not more
than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 701; Pub. L.
103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 293 (Mar. 4, 1909,
ch. 321, § 178, 35 Stat. 1122).
Numerous suggestions, of which that of Mr. E. M.
Million, of Arlington, Va., is typical, recommend that
this section be omitted as obsolete or revised to except
commercial obligations. However, since the decisions
make it plain that only obligations intended to circulate as money are within the provisions of this section and that commercial checks of less than $1 are not
affected, there seems no reason so to rewrite the section. (See U.S. v. Monongahela Bridge Co., Fed. Cas. No.
15,796; Stettinius v. U.S., Fed. Cas. No. 13,387.)
Minor changes were made in phraseology.
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $500’’.

§ 337. Coins as security for loans
Whoever lends or borrows money or credit
upon the security of such coins of the United
States as the Secretary of the Treasury may
from time to time designate by proclamation
published in the Federal Register, during any
period designated in such a proclamation, shall
be fined under this title or imprisoned not more
than one year, or both.
(Added Pub. L. 89–81, title II, § 212(a), July 23,
1965, 79 Stat. 257; amended Pub. L. 103–322, title
XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat.
2147.)

Sec.

341.
342.
343.

Definitions.
Operation of a common carrier under the influence of alcohol or drugs.
Presumptions.

§ 341. Definitions
As used in this chapter, the term ‘‘common
carrier’’ means a locomotive, a rail carrier, a
sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier.
(Added Pub. L. 99–570, title I, § 1971(a), Oct. 27,
1986, 100 Stat. 3207–59; amended Pub. L. 100–690,
title VI, § 6482(a), Nov. 18, 1988, 102 Stat. 4382.)
AMENDMENTS
1988—Pub. L. 100–690 inserted ‘‘locomotive, a’’ after
‘‘means a’’.

§ 342. Operation of a common carrier under the
influence of alcohol or drugs
Whoever operates or directs the operation of a
common carrier while under the influence of alcohol or any controlled substance (as defined in
section 102 of the Controlled Substances Act (21
U.S.C. 802)), shall be imprisoned not more than
fifteen years or fined under this title, or both.
(Added Pub. L. 99–570, title I, § 1971(a), Oct. 27,
1986, 100 Stat. 3207–59; amended Pub. L. 100–690,
title VI, §§ 6473(a), (b), 6482(b), Nov. 18, 1988, 102
Stat. 4379, 4382.)
AMENDMENTS
1988—Pub. L. 100–690 substituted ‘‘any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))’’ for ‘‘drugs’’, ‘‘fifteen’’ for
‘‘five’’, and ‘‘fined under this title’’ for ‘‘fined not more
than $10,000’’.

§ 343. Presumptions
For purposes of this chapter—
(1) an individual with a blood alcohol content of .10 percent or more shall be presumed
to be under the influence of alcohol; and
(2) an individual shall be presumed to be
under the influence of drugs if the quantity of
the drug in the system of the individual would
be sufficient to impair the perception, mental
processes, or motor functions of the average
individual.
(Added Pub. L. 99–570, title I, § 1971(a), Oct. 27,
1986, 100 Stat. 3207–59; amended Pub. L. 100–690,
title VI, § 6473(c), Nov. 18, 1988, 102 Stat. 4379.)

AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $10,000’’.
EFFECTIVE DATE
Section 212(c) of Pub. L. 89–81 provided that: ‘‘The
amendments made by this section [enacting this sec-

AMENDMENTS
1988—Par. (1). Pub. L. 100–690, § 6473(c)(1), substituted
‘‘.10 percent’’ for ‘‘.10’’ and struck out ‘‘conclusively’’
after ‘‘shall be’’.
Par. (2). Pub. L. 100–690, § 6473(c)(2), struck out ‘‘conclusively’’ after ‘‘shall be’’.

§ 351

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

CHAPTER 18—CONGRESSIONAL, CABINET,
AND SUPREME COURT ASSASSINATION,
KIDNAPPING, AND ASSAULT
Sec.

351.

Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault; penalties.
AMENDMENTS

1994—Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13,
1994, 108 Stat. 2150, which directed the amendment of
this title ‘‘by striking ‘kidnaping’ each place it appears
and inserting ‘kidnapping’ ’’, was executed by substituting ‘‘KIDNAPPING’’ for ‘‘KIDNAPING’’ in chapter
heading, to reflect the probable intent of Congress.
Pub. L. 103–322, title XXXIII, § 330021(1), Sept. 13, 1994,
108 Stat. 2150, substituted ‘‘kidnapping’’ for ‘‘kidnaping’’ in item 351.
1982—Pub. L. 97–285, § 2(b), (c), Oct. 6, 1982, 96 Stat.
1219, substituted ‘‘CONGRESSIONAL, CABINET, AND
SUPREME COURT ASSASSINATION, KIDNAPING,
AND ASSAULT’’ for ‘‘CONGRESSIONAL ASSASSINATION, KIDNAPING, AND ASSAULT’’ as chapter heading and substituted ‘‘Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault: penalties’’ for ‘‘Congressional assassination, kidnaping,
and assault; penalties’’ in item 351.
1971—Pub. L. 91–644, title IV, § 15, Jan. 2, 1971, 84 Stat.
1891, added chapter 18 and item 351.

§ 351. Congressional, Cabinet, and Supreme
Court assassination, kidnapping, and assault;
penalties
(a) Whoever kills any individual who is a
Member of Congress or a Member-of-Congresselect, a member of the executive branch of the
Government who is the head, or a person nominated to be head during the pendency of such
nomination, of a department listed in section
101 of title 5 or the second ranking official in
such department, the Director (or a person nominated to be Director during the pendency of
such nomination) or Deputy Director of Central
Intelligence, a major Presidential or Vice Presidential candidate (as defined in section 3056 of
this title), or a Justice of the United States, as
defined in section 451 of title 28, or a person
nominated to be a Justice of the United States,
during the pendency of such nomination, shall
be punished as provided by sections 1111 and 1112
of this title.
(b) Whoever kidnaps any individual designated
in subsection (a) of this section shall be punished (1) by imprisonment for any term of years
or for life, or (2) by death or imprisonment for
any term of years or for life, if death results to
such individual.
(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any
term of years or for life.
(d) If two or more persons conspire to kill or
kidnap any individual designated in subsection
(a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished (1) by imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or
for life, if death results to such individual.
(e) Whoever assaults any person designated in
subsection (a) of this section shall be fined
under this title, or imprisoned not more than
one year, or both; and if the assault involved the

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use of a dangerous weapon, or personal injury
results, shall be fined under this title, or imprisoned not more than ten years, or both.
(f) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of
jurisdiction by a State or local authority, under
any applicable State or local law, until Federal
action is terminated.
(g) Violations of this section shall be investigated by the Federal Bureau of Investigation.
Assistance may be requested from any Federal,
State, or local agency, including the Army,
Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.
(h) In a prosecution for an offense under this
section the Government need not prove that the
defendant knew that the victim of the offense
was an individual protected by this section.
(i) There is extraterritorial jurisdiction over
the conduct prohibited by this section.
(Added Pub. L. 91–644, title IV, § 15, Jan. 2, 1971,
84 Stat. 1891; amended Pub. L. 97–285, §§ 1, 2(a),
Oct. 6, 1982, 96 Stat. 1219; Pub. L. 99–646, § 62, Nov.
10, 1986, 100 Stat. 3614; Pub. L. 100–690, title VII,
§ 7074, Nov. 18, 1988, 102 Stat. 4405; Pub. L. 103–322,
title
XXXII,
§ 320101(d),
title
XXXIII,
§§ 330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108
Stat. 2108, 2147, 2150; Pub. L. 104–294, title VI,
§ 604(b)(12)(C), (c)(2), Oct. 11, 1996, 110 Stat. 3507,
3509.)
AMENDMENTS
1996—Subsec. (e). Pub. L. 104–294, § 604(c)(2), substituted ‘‘involved the use’’ for ‘‘involved in the use’’.
Pub. L. 104–294, § 604(b)(12)(C), repealed Pub. L. 103–322,
§ 320101(d)(3). See 1994 Amendment note below.
1994—Pub. L. 103–322, § 330021(1), substituted ‘‘kidnapping’’ for ‘‘kidnaping’’ in section catchline.
Subsec. (e). Pub. L. 103–322, § 330016(1)(L), substituted
‘‘shall be fined under this title’’ for ‘‘shall be fined not
more than $10,000’’ after ‘‘personal injury results,’’.
Pub. L. 103–322, § 320101(d)(4), substituted ‘‘imprisoned
not more than ten years’’ for ‘‘imprisoned for not more
than ten years’’.
Pub. L. 103–322, § 320101(d)(3), which provided for
amendment identical to Pub. L. 103–322, § 330016(1)(L),
above, was repealed by Pub. L. 104–294, § 604(b)(12)(C).
Pub. L. 103–322, § 320101(d)(2), inserted ‘‘the assault involved in the use of a dangerous weapon, or’’ after ‘‘and
if’’.
Pub. L. 103–322, §§ 320101(d)(1), 330016(1)(K), amended
subsec. (e) identically, substituting ‘‘shall be fined
under this title’’ for ‘‘shall be fined not more than
$5,000’’ after ‘‘subsection (a) of this section’’.
1988—Subsec. (a). Pub. L. 100–690 inserted a comma
after ‘‘section 3056 of this title)’’.
1986—Subsec. (a). Pub. L. 99–646, § 62(1), inserted ‘‘a
major Presidential or Vice Presidential candidate (as
defined in section 3056 of this title)’’.
Subsec. (h). Pub. L. 99–646, § 62(2), substituted ‘‘individual’’ for ‘‘official’’.
1982—Pub. L. 97–285, § 2(a), substituted ‘‘Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault; penalties’’ for ‘‘Congressional assassination, kidnaping, and assault’’ in section catchline.
Subsec. (a). Pub. L. 97–285, § 1(a), expanded coverage of
subsec. (a) to cover the killing of any individual who is
a member of the executive branch of the Government
and the head, or a person nominated to be head during
the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official
in such department, the Director (or a person nominated to be Director during the pendency of such nomi-