18 U.S.C. § 2261A — Stalking

Page 551 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2261A diction of the United States or in a Federal prison); and (5) for not more than 5 years, in any other case, or both fined and imprisoned. (6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no- contact order, or other order described in sec- tion 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year. (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1926; amended Pub. L. 104–201, div. A, title X, § 1069(b)(1), (2), Sept. 23, 1996, 110 Stat. 2656; Pub. L. 106–386, div. B, title I, § 1107(a), Oct. 28, 2000, 114 Stat. 1497; Pub. L. 109–162, title I, §§ 114(b), 116(a), 117(a), Jan. 5, 2006, 119 Stat. 2988, 2989; Pub. L. 113–4, title I, § 107(a), Mar. 7, 2013, 127 Stat. 77.) Editorial Notes AMENDMENTS 2013—Subsec. (a)(1). Pub. L. 113–4 inserted ‘‘is present’’ after ‘‘Indian country or’’ and ‘‘or presence’’ after ‘‘as a result of such travel’’. 2006—Subsec. (a)(1). Pub. L. 109–162, § 117(a), inserted ‘‘or within the special maritime and territorial juris- diction of the United States’’ after ‘‘Indian country’’. Pub. L. 109–162, § 116(a)(1), which directed substitution of ‘‘, intimate partner, or dating partner’’ for ‘‘or inti- mate partner’’, was executed by making the substi- tution in two places to reflect the probable intent of Congress. Subsec. (a)(2). Pub. L. 109–162, § 116(a)(2), which di- rected substitution of ‘‘, intimate partner, or dating partner’’ for ‘‘or intimate partner’’, was executed by making the substitution in two places to reflect the probable intent of Congress. Subsec. (b)(6). Pub. L. 109–162, § 114(b), added par. (6). 2000—Subsec. (a). Pub. L. 106–386 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘(1) CROSSING A STATE LINE.—A person who travels across a State line or enters or leaves Indian country with the intent to injure, harass, or intimidate that person’s spouse or intimate partner, and who, in the course of or as a result of such travel, intentionally commits a crime of violence and thereby causes bodily injury to such spouse or intimate partner, shall be pun- ished as provided in subsection (b). ‘‘(2) CAUSING THE CROSSING OF A STATE LINE.—A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud and, in the course or as a re- sult of that conduct, intentionally commits a crime of violence and thereby causes bodily injury to the per- son’s spouse or intimate partner, shall be punished as provided in subsection (b).’’ 1996—Subsec. (b). Pub. L. 104–201 inserted ‘‘or section 2261A’’ after ‘‘this section’’ in introductory provisions and substituted ‘‘victim’’ for ‘‘offender’s spouse or inti- mate partner’’ in pars. (1) to (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113–4, § 4, Mar. 7, 2013, 127 Stat. 64, provided that: ‘‘Except as otherwise specifically provided in this Act [see Tables for classification], the provisions of ti- tles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of this Act shall not take effect until the beginning of the fiscal year following the date of enactment of this Act [Mar. 7, 2013].’’ § 2261A. Stalking Whoever— (1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the in- tent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that— (A) places that person in reasonable fear of the death of, or serious bodily injury to— (i) that person; (ii) an immediate family member (as de- fined in section 115) of that person; (iii) a spouse or intimate partner of that person; or (iv) the pet, service animal, emotional support animal, or horse of that person; or (B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or (2) with the intent to kill, injure, harass, in- timidate, or place under surveillance with in- tent to kill, injure, harass, or intimidate an- other person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that— (A) places that person in reasonable fear of the death of or serious bodily injury to a person, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) of paragraph (1)(A); or (B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A), shall be punished as provided in section 2261(b) or section 2261B, as the case may be. (Added Pub. L. 104–201, div. A, title X, § 1069(a), Sept. 23, 1996, 110 Stat. 2655; amended Pub. L. 106–386, div. B, title I, § 1107(b)(1), Oct. 28, 2000, 114 Stat. 1498; Pub. L. 109–162, title I, § 114(a), Jan. 5, 2006, 119 Stat. 2987; Pub. L. 113–4, title I, § 107(b), Mar. 7, 2013, 127 Stat. 77; Pub. L. 115–334, title XII, § 12502(a)(1), Dec. 20, 2018, 132 Stat. 4982; Pub. L. 116–249, § 2(c), Dec. 22, 2020, 134 Stat. 1126.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–249 substituted ‘‘section 2261(b) or section 2261B, as the case may be’’ for ‘‘section 2261(b) of this title’’ in concluding provisions. 2018—Par. (1)(A)(iv). Pub. L. 115–334, § 12502(a)(1)(A), added cl. (iv). Par. (2)(A). Pub. L. 115–334, § 12502(a)(1)(B), inserted ‘‘, a pet, a service animal, an emotional support ani- mal, or a horse’’ after ‘‘to a person’’ and substituted ‘‘(iii), or (iv)’’ for ‘‘or (iii)’’. 2013—Pub. L. 113–4 amended section generally. Prior to amendment, section related to stalking. 2006—Pub. L. 109–162 amended section catchline and text generally, revising and restating former provisions Page 552 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2261B relating to stalking so as to include surveillance with intent to kill, injure, harass, or intimidate which re- sults in substantial emotional distress to a person within the purview of the offense proscribed. 2000—Pub. L. 106–386 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘Whoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass another person, and in the course of, or as a result of, such travel places that per- son in reasonable fear of the death of, or serious bodily injury (as defined in section 1365(g)(3) of this title) to, that person or a member of that person’s immediate family (as defined in section 115 of this title) shall be punished as provided in section 2261 of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under sec- tion 2261 of this title. § 2261B. Enhanced penalty for stalkers of chil- dren (a) IN GENERAL.—Except as provided in sub- section (b), if the victim of an offense under sec- tion 2261A is under the age of 18 years, the max- imum imprisonment for the offense is 5 years greater than the maximum term of imprison- ment otherwise provided for that offense in sec- tion 2261. (b) LIMITATION.—Subsection (a) shall not apply to a person who violates section 2261A if— (1) the person is subject to a sentence under section 2261(b)(5); and (2)(A) the person is under the age of 18 at the time the offense occurred; or (B) the victim of the offense is not less than 15 nor more than 17 years of age and not more than 3 years younger than the person who committed the offense at the time the offense occurred. (Added Pub. L. 116–249, § 2(a), Dec. 22, 2020, 134 Stat. 1126.) § 2262. Interstate violation of protection order (a) OFFENSES.— (1) TRAVEL OR CONDUCT OF OFFENDER.—A per- son who travels in interstate or foreign com- merce, or enters or leaves Indian country or is present within the special maritime and terri- torial jurisdiction of the United States, with the intent to engage in conduct that violates the portion of a protection order that pro- hibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet, service animal, emotional support animal, or horse of that person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently en- gages in such conduct, shall be punished as provided in subsection (b). (2) CAUSING TRAVEL OF VICTIM.—A person who causes another person to travel in interstate or foreign commerce or to enter or leave In- dian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protec- tion order that prohibits or provides protec- tion against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet, service animal, emotional support animal, or horse of that person, or that would violate such a portion of a protection order in the ju- risdiction in which the order was issued, shall be punished as provided in subsection (b). (b) PENALTIES.—A person who violates this section shall be fined under this title, impris- oned— (1) for life or any term of years, if death of the victim results; (2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results; (3) for not more than 10 years, if serious bod- ily injury to the victim results or if the of- fender uses a dangerous weapon during the of- fense; (4) as provided for the applicable conduct under chapter 109A if the offense would con- stitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial juris- diction of the United States or in a Federal prison); and (5) for not more than 5 years, in any other case, including any case in which the offense is committed against a pet, service animal, emotional support animal, or horse, or both fined and imprisoned. (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1927; amended Pub. L. 104–201, div. A, title X, § 1069(b)(2), Sept. 23, 1996, 110 Stat. 2656; Pub. L. 104–294, title VI, § 605(d), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 106–386, div. B, title I, § 1107(c), Oct. 28, 2000, 114 Stat. 1498; Pub. L. 109–162, title I, § 117(b), Jan. 5, 2006, 119 Stat. 2989; Pub. L. 113–4, title I, § 107(c), Mar. 7, 2013, 127 Stat. 78; Pub. L. 115–334, title XII, § 12502(a)(2), Dec. 20, 2018, 132 Stat. 4982.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–334, § 12502(a)(2)(A)(i), inserted ‘‘or the pet, service animal, emotional support animal, or horse of that person’’ after ‘‘another per- son’’. Subsec. (a)(2). Pub. L. 115–334, § 12502(a)(2)(A)(ii), in- serted ‘‘or the pet, service animal, emotional support animal, or horse of that person’’ after ‘‘proximity to, another person’’. Subsec. (b)(5). Pub. L. 115–334, § 12502(a)(2)(B), inserted ‘‘including any case in which the offense is committed against a pet, service animal, emotional support ani- mal, or horse,’’ after ‘‘in any other case,’’. 2013—Subsec. (a)(1). Pub. L. 113–4, which directed amendment of subsec. (a)(2) by inserting ‘‘is present’’ after ‘‘Indian country or’’, was executed by making the insertion in subsec. (a)(1) to reflect the probable intent of Congress. 2006—Subsec. (a)(1). Pub. L. 109–162 inserted ‘‘or with- in the special maritime and territorial jurisdiction of the United States’’ after ‘‘Indian country’’. 2000—Subsec. (a). Pub. L. 106–386 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: