How To Prosecute a Shoe-Thrower. Would someone in America go to jail for tossing footwear at a foreign president?

Muntadar al-Zaida, the Iraqi journalist who threw his shoes at George W. Bush, will stand trial Dec. 31, the BBC reported Monday. He's being charged with "aggression against a foreign head of state," which carries a prison term of between five and 15 years. If a reporter here in the United States flung his footwear at, say, Iraqi President Jalal Talabani, would he do time?

Quite possibly. Title 18, Section 112 of the U.S. Code offers special protection for "foreign officials, official guests, and internationally protected persons." Whoever "assaults, strikes, wounds, imprisons, or offers violence" against one of these people can be fined, imprisoned for up to three years, or both. "Assault" under common law covers not only the attempt to inflict harm but also placing someone under the reasonable apprehension of harm, so shoe-throwing might count. If a lenient jury decided that throwing a shoe (and missing) didn't quite rise to the level of assault, they might find the perpetrator guilty of coercing or harassing a foreign official or obstructing the official in the performance of his duties. These lesser offenses carry a sentence of not more than six months in prison or a fine.

Tossing Nikes or Bruno Maglis or Model 271s at the U.S. president, vice president, or president-elect on American soil is an even riskier proposition. If a jury were to treat the action as an assault, the perp could get up to 10 years. If the attack were deemed a mere "threat," then he'd face up to five years.

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