Page:United States Statutes at Large Volume 96 Part 1.djvu/1292

 96 STAT. 1250

Penalty.

18 USC 1513.

Penalty.

18 USC 1514.

PUBLIC LAW 97-291—OCT. 12, 1982

"(2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; "(3) arresting or seeking the arrest of another person in connection with a Federal offense; or "(4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined not more than $25,000 or imprisoned not more than one year, or both. "(c) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage, induce, or cause the other person to testify truthfully. "(d) For the purposes of this section— "(1) an official proceeding need not be pending or about to be instituted at the time of the offense; and "(2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege. "(e) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance— "(1) that the official proceeding before a judge, court, magistrate, grand jury, or government agency is before a judge or court of the United States, a United States magistrate, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or "(2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant. "(f) There is extraterritorial Federal jurisdiction over an offense under this section. "§ 1513. Retaliating against a witness, victim, or an informant "(a) Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for— "(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or "(2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings given by a person to a law enforcement officer; or attempts to do so, shall be fined not more than $250,000 or imprisoned not more than ten years, or both. "(b) There is extraterritorial Federal jurisdiction over an offense under this section. "§ 1514. Civil action to restrain harassment of a victim or witness "(a)(1) A United States district court, upon application of the attorney for the Government, shall issue a temporary restraining

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