---
kind: "range"
citation: "18 U.S.C. §§ 1512–1514"
title: "18"
from: "1512"
to: "1514"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/18/1512..1514"
---

# §1512. Tampering with a witness, victim, or an informant

- (a)
  - (1) Whoever kills or attempts to kill another person, with intent to—
    - (A) prevent the attendance or testimony of any person in an official proceeding;
    - (B) prevent the production of a record, document, or other object, in an official proceeding; or
    - (C) prevent the communication by any person to a law enforcement [officer](/usc/18/202.md?p=c) or judge of the [United States](/usc/18/5.md) of 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;

    shall be punished as provided in [paragraph (3)](#a-3).

  - (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—
    - (A) influence, delay, or prevent the testimony of any person in an official proceeding;
    - (B) cause or induce any person to—
      - (i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
      - (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;
      - (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
      - (iv) be absent from an official proceeding to which that person has been summoned by legal process; or
    - (C) hinder, delay, or prevent the communication to a law enforcement [officer](/usc/18/202.md?p=c) or judge of the [United States](/usc/18/5.md) of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;

    shall be punished as provided in [paragraph (3)](#a-3).

  - (3) The punishment for an offense under this subsection is—
    - (A) in the case of a killing, the punishment provided in sections [1111](/usc/18/1111.md) and [1112](/usc/18/1112.md);
    - (B) in the case of—
      - (i) an attempt to murder; or
      - (ii) the use or attempted use of physical force against any person;

      imprisonment for not more than 30 years; and

    - (C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.
- (b) Whoever knowingly uses intimidation, threatens, or [corruptly](/usc/18/1515.md?p=b) persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—
  - (1) influence, delay, or prevent the testimony of any person in an official proceeding;
  - (2) cause or induce any person to—
    - (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
    - (B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;
    - (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
    - (D) be absent from an official proceeding to which such person has been summoned by legal process; or
  - (3) hinder, delay, or prevent the communication to a law enforcement [officer](/usc/18/202.md?p=c) or judge of the [United States](/usc/18/5.md) of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation[^1] supervised release,,[^1] parole, or release pending judicial proceedings;

  shall be fined under this title or imprisoned not more than 20 years, or both.

- (c) Whoever [corruptly](/usc/18/1515.md?p=b)—
  - (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
  - (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

  shall be fined under this title or imprisoned not more than 20 years, or both.

- (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—
  - (1) attending or testifying in an official proceeding;
  - (2) reporting to a law enforcement [officer](/usc/18/202.md?p=c) or judge of the [United States](/usc/18/5.md) the commission or possible commission of a Federal offense or a violation of conditions of probation[^1] supervised release,,[^1] 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 under this title or imprisoned not more than 3 years, or both.

- (e) 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.
- (f) 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.
- (g) In a prosecution for an offense under this section, no [state](/usc/18/402.md) of mind need be proved with respect to the circumstance—
  - (1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government [agency](/usc/18/6.md) is before a judge or [court of the United States](/usc/18/23.md), a [United States](/usc/18/5.md) magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government [agency](/usc/18/6.md); or
  - (2) that the judge is a judge of the [United States](/usc/18/5.md) or that the law enforcement [officer](/usc/18/202.md?p=c) is an [officer or employee](/usc/18/202.md?p=a) 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.
- (h) There is extraterritorial Federal jurisdiction over an offense under this section.
- (i) A prosecution under this section or [section 1503](/usc/18/1503.md) may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.
- (j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
- (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

# §1513. Retaliating against a witness, victim, or an informant

- (a)
  - (1) Whoever kills or attempts to kill another person with intent to retaliate against any person for—
    - (A) 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
    - (B) providing to a law enforcement [officer](/usc/18/202.md?p=c) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings,

    shall be punished as provided in [paragraph (2)](#a-2).

  - (2) The punishment for an offense under this subsection is—
    - (A) in the case of a killing, the punishment provided in sections [1111](/usc/18/1111.md) and [1112](/usc/18/1112.md); and
    - (B) in the case of an attempt, imprisonment for not more than 30 years.
- (b) Whoever knowingly engages in any conduct and thereby causes [bodily injury](/usc/18/249.md?p=c-1) 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, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement [officer](/usc/18/202.md?p=c);

  or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

- (c) If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
- (d) There is extraterritorial Federal jurisdiction over an offense under this section.
- (e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement [officer](/usc/18/202.md?p=c) any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.
- (f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
- (g) A prosecution under this section may be brought in the district in which the official proceeding (whether pending, about to be instituted, or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred.

# §1514. Civil action to restrain harassment of a victim or witness

- (a)
  - (1) A [United States](/usc/18/5.md) district court, upon application of the attorney for the Government, shall issue a temporary restraining order prohibiting [harassment](#d-1-B) of a victim or witness in a Federal criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to believe that [harassment](#d-1-B) of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and restrain an offense under [section 1512 of this title](/usc/18/1512.md), other than an offense consisting of misleading conduct, or under [section 1513 of this title](/usc/18/1513.md).
  - (2)
    - (A) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party’s attorney in a civil action under this section if the court finds, upon written certification of facts by the attorney for the Government, that such notice should not be required and that there is a reasonable probability that the Government will prevail on the merits.
    - (B) A temporary restraining order issued without notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court issuing the order.
    - (C) A temporary restraining order issued under this section shall expire at such time, not to exceed 14 days from issuance, as the court directs; the court, for good cause shown before expiration of such order, may extend the expiration date of the order for up to 14 days or for such longer period agreed to by the adverse party.
    - (D) When a temporary restraining order is issued without notice, the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when such motion comes on for hearing, if the attorney for the Government does not proceed with the application for a protective order, the court shall dissolve the temporary restraining order.
    - (E) If on two days notice to the attorney for the Government, excluding intermediate weekends and holidays, or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
    - (F) A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail (and not by reference to the complaint or other document) the act or acts being restrained.
- (b)
  - (1) A [United States](/usc/18/5.md) district court, upon motion of the attorney for the Government, or its own motion, shall issue a protective order prohibiting [harassment](#d-1-B) of a victim or witness in a Federal criminal case or investigation if the court, after a hearing, finds by a preponderance of the evidence that [harassment](#d-1-B) of an identified victim or witness in a Federal criminal case or investigation exists or that such order is necessary to prevent and restrain an offense under [section 1512 of this title](/usc/18/1512.md), other than an offense consisting of misleading conduct, or under [section 1513 of this title](/usc/18/1513.md).
  - (2) In the case of a minor witness or victim, the court shall issue a protective order prohibiting [harassment](#d-1-B) or [intimidation](#d-1-D) of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs [(1)](#b-1) and [(3)](#b-3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued.
  - (3) At the hearing referred to in paragraph (1) of this subsection, any adverse party named in the complaint shall have the right to present evidence and cross-examine witnesses.
  - (4) A protective order shall set forth the reasons for the issuance of such order, be specific in terms, describe in reasonable detail the act or acts being restrained.
  - (5) The court shall set the duration of effect of the protective order for such period as the court determines necessary to prevent [harassment](#d-1-B) of the victim or witness but in no case for a period in excess of three years from the date of such order’s issuance. The attorney for the Government may, at any time within ninety days before the expiration of such order, apply for a new protective order under this section, except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness.
- (c) Whoever knowingly and intentionally violates or attempts to violate an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both.
- (d)
  - (1) As used in this section—
    - (A) the term “course of conduct” means a series of acts over a period of time, however short, indicating a continuity of purpose;
    - (B) the term “harassment” means a [serious act](#d-1-F) or [course of conduct](#d-1-A) directed at a [specific person](#d-1-G) that—
      - (i) causes substantial emotional distress in such person; and
      - (ii) serves no legitimate purpose;
    - (C) the term “immediate family member” has the meaning given that term in [section 115](/usc/18/115.md) and includes grandchildren;
    - (D) the term “intimidation” means a [serious act](#d-1-F) or [course of conduct](#d-1-A) directed at a [specific person](#d-1-G) that—
      - (i) causes fear or apprehension in such person; and
      - (ii) serves no legitimate purpose;
    - (E) the term “restricted personal information” has the meaning give[^1] that term in [section 119](/usc/18/119.md);
    - (F) the term “serious act” means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a Federal criminal case or investigation; and
    - (G) the term “specific person” means a victim or witness in a Federal criminal case or investigation, and includes an [immediate family member](#d-1-C) of such a victim or witness.
  - (2) For purposes of subparagraphs [(B)(ii)](#d-1-B-ii) and [(D)(ii)](#d-1-D-ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or [restricted personal information](#d-1-E) regarding, a [specific person](#d-1-G) serves no legitimate purpose, unless that use is authorized by that [specific person](#d-1-G), is for news reporting purposes, is designed to locate that [specific person](#d-1-G) (who has been reported to law enforcement as a missing person), or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation.