18 USC 1752 - Sec. 1752. Temporary residences and offices of the President and others - U.S. Code - VLEX 19190376

18 USC 1752 - Sec. 1752. Temporary residences and offices of the President and others

Cita:18 USC Sec. 1752
CONTENT

§1752. Restricted building or grounds

(a) Whoever—

(1) knowingly enters or remains in any restricted building or grounds without lawful authority to do so;

(2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;

(3) knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or

(4) knowingly engages in any act of physical violence against any person or property in any restricted building or grounds;

or attempts or conspires to do so, shall be punished as provided in subsection (b).

(b) The punishment for a violation of subsection (a) is—

(1) a fine under this title or imprisonment for not more than 10 years, or both, if—

(A) the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm; or

(B) the offense results in significant bodily injury as defined by section 2118(e)(3); and

(2) a fine under this title or imprisonment for not more than one year, or both, in any other case.

(c) In this section—

(1) the term “restricted buildings or grounds” means any posted, cordoned off, or otherwise restricted area—

(A) of the White House or its grounds, or the Vice President's official residence or its grounds;

(B) of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or

(C) of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and

(2) the term “other person protected by the Secret Service” means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection.

(Added Pub. L. 91–644, title V, §18, Jan. 2, 1971, 84 Stat. 1891; amended Pub. L. 97–308, §1, Oct. 14, 1982, 96 Stat. 1451; Pub. L. 98–587, §3(b), Oct. 30, 1984, 98 Stat. 3112; Pub. L. 103–322, title XXXIII, §330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–177, title VI, §602(a), (b)(1), Mar. 9, 2006, 120 Stat. 252; Pub. L. 112–98, §2, Mar. 8, 2012, 126 Stat. 263.)

Amendments

2012—Pub. L. 112–98 amended section generally. Prior to amendment, section related to unlawful activities on restricted buildings or grounds.

2006—Pub. L. 109–177, §602(b)(1), substituted “Restricted building or grounds” for “Temporary residences and offices of the President and others” in section catchline.

Subsec. (a)(1). Pub. L. 109–177, §602(a)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “willfully and knowingly to enter or remain in

“(i) any building or grounds designated by the Secretary of the Treasury as temporary residences of the President or other person protected by the Secret Service or as temporary offices of the President and his staff or of any other person protected by the Secret Service, or

“(ii) any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting,

in violation of the regulations governing ingress or egress thereto:”

Subsec. (a)(2). Pub. L. 109–177, §602(a)(1)(C), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 109–177, §602(a)(1)(B), (D), redesignated par. (2) as (3), inserted “willfully, knowingly, and” before “with intent to impede or disrupt”, and substituted “described in paragraph (1) or (2)” for “designated in paragraph (1)”. Former par. (3) redesignated (4).

Subsec. (a)(4), (5). Pub. L. 109–177, §602(a)(1)(B), (E), (F), redesignated pars. (3) and (4) as (4) and (5), respectively, and substituted “described in paragraph (1) or (2)” for “designated or enumerated in paragraph (1)” in each par.

Subsec. (b). Pub. L. 109–177, §602(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Violation of this section, and attempts or conspiracies to commit such violations, shall be punishable by a fine under this title or imprisonment not exceeding six months, or both.”

Subsecs. (d) to (f). Pub. L. 109–177, §602(a)(3), redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows: “The Secretary of the Treasury is authorized—

“(1) to designate by regulations the buildings and grounds which constitute the temporary residences of the President or other person protected by the Secret Service and the temporary offices of the President and his staff or of any other person protected by the Secret Service, and

“(2) to prescribe regulations governing ingress or egress to such buildings and grounds and to posted, cordoned off, or otherwise restricted areas where the President or other person protected by the Secret Service is or will be temporarily visiting.”

1994—Subsec. (b). Pub. L. 103–322, which directed the amendment of this section by substituting “under this title” for “not more than $500”, was executed in subsec. (b) by substituting “under this title” for “not exceeding $500” to reflect the probable intent of Congress.

1984—Subsec. (f). Pub. L. 98–587 amended subsec. (f) generally, substituting “any person whom the United States Secret Service is authorized to protect under section 3056 of this title when such person has not declined such protection” for “any person authorized by section 3056 of this title or by Public Law 90–331, as amended, to receive the protection of the United States Secret Service when such person has not declined such protection pursuant to section 3056 of this title or pursuant to Public Law 90–331, as amended”.

1982—Pub. L. 97–308, §1(a), substituted “Temporary residences and offices of the President and others” for “Temporary residence of the President” in section catchline.

Subsec. (a)(1)(i). Pub. L. 97–308, §1(b), made one's presence unlawful at designated temporary residences and temporary offices of any other person protected by the Secret Service.

Subsec. (a)(1)(ii). Pub. L. 97–308, §1(c), inserted “or other person protected by the Secret Service” after “President”.

Subsec. (d)(1). Pub. L. 97–308, §1(d), authorized regulations for designation of the temporary residences and the temporary offices of any other person protected by the Secret Service.

Subsec. (d)(2). Pub. L. 97–308, §1(e), inserted “or other person protected by the Secret Service” after “President”.

Subsec. (f). Pub. L. 97–308, §1(f), added subsec. (f).

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.