Page:United States Statutes at Large Volume 48 Part 1.djvu/807

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73d CONGRESS . SESS . II. CHS. 299-301 . MAY 18, 1934 .

781 SEC . 2 . Whoever shall forcibly resist, oppose, impede, intimi- date, or interfere with any person designated in section 1 hereof while engaged in the performance of his official duties, or shall assault him on account of the performance of his official duties, shall be fined not more than $5,0 00, or impr isone d not more than three years, or both ; and whoever, in the commission of any of the acts described in this section, shall use a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both . Approved, May 18, 1934 . Forcible res ist an ce, etc . Punishment. [CHAPTER 300.] AN ACT May 1R, 1934. Applying the powers of the Federal Government, under the commerce clause of 1s .2249.1 the Constitution, to extortion by means of telephone, telegraph, radio, oral

[Public, No . 231 .] message, or otherwise . Be it enacted by the Senate and House of Representatives of the Unit ed States of Ame rica in Cong ress ass embl ed That whoever E xtort ion mess ages interstate commerce . with intent to extort from any person, firm, association, or corpora- in tion any money or other thing of value, shall transmit in interstate commerce, by any means whatsoever, any threat (1) to injure the person, property, or reputation of any person, or the reputation of a dece ased perso n, or (2) to kidnap any person, or (3) to a ccuse any person of a crime, or (4) containing any demand or request for a ransom or rewa rd for the releas e of any k idnap ed per son, shall Punishment for trans- up on conviction be fined not more than $5,000 or imprisoned not nuttsng. more than twenty years, or both : Pr ovided , That the term " i nter- Provisos. Interstate com- state commerce " shall include communication from one State, Terri- meree• defined. tort', or the District of Columbia, to another State, Territory, or the Mailing threatening communications . District of Columbia : Provided further, That nothing herein shall Vol . 47, p. 649; amend or repeal section 33'8a, title 18, United States Code (47 us.C .,snpp .VII,p.34s . Stat . 649) . Approved, May 18, 1934 . Be it enacted by the Senate and House o f Representatives o f the United States of America in Con gr ess assembled, That the Act of Fed eral Kidnaping June 22, 1932 (U.S .C ., ch . 271, title 18, sec . 408a), be, and the same is A Voi447p .36;u .s .C ., hereby, amended to read as follows :

Supp. VII, p.351. " Whoever shall knowingly transport or cause to be transported, Tr ansporting kid- naped person and hold- or aid or abet in transporting, in interstate or foreign commerce, any ing for ransom . person who shall have been unlawfully seized, confined, inveigled, decoyed, kidnaped, abducted, or carried away by any means what- soever and held for ransom or reward or otherwise, except, in the Minor by a parent case of a minor, by a parent thereof, shall, upon conviction, be pun- excepted r ished (1) by death if the verdict of the jury shall so recommend, Penalties . provided that the sentence of death shall not be imposed by the court if, prior to its imposition, the kidnaped person has been liberated unharmed, or (2) if the death penalty shall not apply nor be imposed the convicted person shall be punished by imprisonment in the penitentiary for such term of years as the court in its dis- cretion shall determine : Provid ed, That the failure to release such Proviso . Presumption on fail- person within seven days after he shall have been unlawfully seized, ure to release person confined, inveigled, decoyed, kidnaped, abducted, or carried away within seven da y s. [CHAPTER 301 .] AN ACT May 1S, 1934. To amend the Act forbidding the transportation of kidnaped persons in interstate [s. 2252.] commer ce . [Public, No . 232 ]