Text of the Federal Restricted Buildings and Grounds Improvement Act of 2011

https://www.govtrack.us ^ | Feb 29, 2012 | One Hundred Twelfth Congress of the United States of America

[ATOMIC_PUNK]

Section 1752 of title 18, United States Code, is amended to read as follows:

(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.

[ATOMIC_PUNK]

So the protesters inside the venue could be arrested

One Hundred Twelfth Congress of the United States of America At the Second Session

Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and twelve H. R. 347

[smokingfrog]

http://www.sentryjournal.com/2012/03/14/while-we-were-distracted-did-we-lose-free-speech-h-r-347/

[tumblindice]

B. might have legs.

[stocksthatgoup]

Thanks for a more complete explanation!👍🏼

[Fai Mao]

Wouldn’t it be ironic if the protesters (rioters) were undone by Obama?

[DesertRhino]

Whatever, this is becoming a serious problem that needs a real solution. Free speech cannot mean that it is impossible for a candidate to conduct a rally.
In Kansas City yesterday 45 plus minutes were devoted to dealing with disruptions. He barely got 10 minutes to talk.

This is not free speech.

[ATOMIC_PUNK]

yes it would be poetic justice

[ATOMIC_PUNK]

Thanks !

[freepersup]

(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.

Section 3056

(7) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates. As used in this paragraph, the term “major Presidential and Vice Presidential candidates” means those individuals identified as such by the Secretary of Homeland Security after consultation with an advisory committee consisting of the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and one additional member selected by the other members of the committee. The Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App. 2).

[freepersup]

https://www.law.cornell.edu/uscode/text/18/3056

[ATOMIC_PUNK]

U.S. Code › Title 18 › Part I › Chapter 41 › § 879 18 U.S. Code § 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.

[Penelope Dreadful]

I have been working on this for a while, and this picture shows the parts I think would apply to Trump protesters with a box around them:

Official functions do not include "purely political party" functions.

[freepersup]

Good find. Keep it up.

Whoever knowingly and willfully threatens to kill, a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate;

Whoever knowingly and willfully threatens to kidnap, a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate;

Whoever knowingly and willfully threatens to inflict bodily harm upon- a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate;

[Penelope Dreadful]

Here is another resource which explains the individual provisions of 18 USC 1572. At the bottom of each page are arrows to proceed to the next section:

U S Attys Manual

[DesertRhino]

“Official functions do not include “purely political party” functions.”

Did you make that up yourself? I don’t see that in writing and as far as I know there is no case law on this new law.

[ATOMIC_PUNK]

Official functions do not include "purely political party" functions.

Yea i don't see that statement anywhere in these works and this would cover both parties so it wouldn't to be to the advantage not to cover party venues when it comes to party functions they are all purely political to that particular party Democrat or Republican !!!

[ATOMIC_PUNK]

Thanks

[Penelope Dreadful]

It was in the link I provided above. This is the US Atty's take on things, and since we have had the Black Lives Matter stuff occur, who knows how a court would rule, if they have not already. Anyway,

1555. Disruption Of Government Business -- 18 U.S.C. 1752 Section 1752(a)(2) of Title 18 outlaws the intentional disruption of government business at designated residences or offices. This subsection is designed to require both an intent to impede or disrupt as well as an actual impediment or disruption. A showing of specific intent is not required; a showing of reckless disregard of consequences would suffice. S.Rep. No. 91-1252, 91st Cong., 2d Sess. at 11. "Government business or official functions" does not include purely "political party" business or functions. [cited in USAM 9-65.400]

US Attys 1752 (a(2)Comments

[Cobra64]

Hi, great work! I did a search on 18 use 1752 but could not find the link which shows the exact same text that you’ve pasted here. What am I doing wrong?

[Penelope Dreadful]

USC, not use, unless that was just a typo. Plus, 1572, not 1752.