Whoever knowingly and willfully obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge; or
Whoever assaults, beats, or wounds any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process—
Shall, except as otherwise provided by law, be fined under this title or imprisoned not more than one year, or both.
Based on title 18, U.S.C., 1940 ed., § 245 (Mar. 4, 1909, ch. 321, § 140,35 Stat. 1114).
The phrase “Except as otherwise expressly provided by law” was inserted because sections
2233 of this title provide greater penalties for obstructing service of search warrants.
Mandatory provisions were rephrased in the alternative.
Minor changes were made in phraseology.
1994—Pub. L. 103–322substituted “fined under this title” for “fined not more than $300” in last par.
Change of Name
“United States magistrate judge” substituted for “United States magistrate” in text pursuant to section 321 ofPub. L. 101–650, set out as a note under section
631 of Title
28, Judiciary and Judicial Procedure. Previously, “United States magistrate” substituted for “United States commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 ofPub. L. 101–650, set out as a note under section
631 of Title
Short Title of 2002 Amendment
Pub. L. 107–204, title VIII, § 801,July 30, 2002, 116 Stat. 800, provided that: “This title [enacting sections
1520 of this title, amending section
523 of Title
11, Bankruptcy, and section
1658 of Title
28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections
1658 of Title
28] may be cited as the ‘Corporate and Criminal Fraud Accountability Act of 2002’.”
Short Title of 1982 Amendment
Pub. L. 97–291, § 1,Oct. 12, 1982, 96 Stat. 1248, provided: “That this Act [enacting sections
3580 of this title, amending sections
3146 of this title and Rule 32 of the Federal Rules of Civil Procedure, and enacting provisions set out as notes under sections
3579 of this title] may be cited as the ‘Victim and Witness Protection Act of 1982’.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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