18 U.S.C. § 1513 – Retaliating Against a Witness, Victim, or Informant
Section 1513 targets retaliation after cooperation with federal investigations or proceedings has already occurred.
What this statute addresses.
Section 1513 criminalizes acts taken in retaliation against a witness, victim, or informant for past cooperation with law enforcement or participation in an official proceeding. Unlike witness tampering statutes, this provision focuses on payback conduct, not efforts to influence future testimony.
Forms of retaliation covered.
The statute reaches a wide range of retaliatory conduct, including:
- Killing or attempting to kill a person
- Causing bodily injury
- Damaging tangible property
- Threatening physical harm or property damage
- Interfering with lawful employment or livelihood
The conduct must be motivated by retaliation for:
- Attendance or testimony in an official proceeding
- Production of documents or evidence
- Providing truthful information to a federal law enforcement officer
Penalty structure escalates quickly.
Punishment depends on the nature of the retaliation:
- Killing: punished under federal murder or manslaughter statutes (§§ 1111–1112)
- Attempted killing: up to 30 years
- Bodily injury, property damage, or threats: up to 20 years
- Economic or employment-related retaliation: up to 10 years
If the retaliation relates to testimony in a criminal case, the maximum sentence may match or exceed the penalty for the underlying charged offense.
Jurisdiction and conspiracy.
This statute applies extraterritorially and also criminalizes conspiracies to retaliate. Venue may lie either where the original proceeding occurred or where the retaliatory conduct took place.
Why § 1513 is charged.
Prosecutors rely on § 1513 when alleged retaliation follows cooperation that has already concluded. It is frequently paired with obstruction statutes and can dramatically increase exposure in cases involving witnesses or informants.
When allegations involve retaliation tied to federal investigations or testimony, charging decisions tend to move fast and carry severe consequences. Call (314) 900-HELP or contact our federal criminal defense attorneys to review how retaliation charges are built and challenged.
