18 U.S.C. § 2262 — Interstate violation of protection order

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: Page 553 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2264 ‘‘(1) CROSSING A STATE LINE.—A person who travels across a State line or enters or leaves Indian country with the intent to engage in conduct that— ‘‘(A)(i) violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued; or ‘‘(ii) would violate this subparagraph if the conduct occurred in the jurisdiction in which the order was issued; and ‘‘(B) subsequently engages in such conduct, shall be punished 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 an act that injures the person’s spouse or intimate partner in vio- lation of a valid protection order issued by a State shall be punished as provided in subsection (b).’’ 1996—Subsec. (a)(1)(A)(ii). Pub. L. 104–294 substituted ‘‘violate this subparagraph’’ for ‘‘violate subparagraph (A)’’. Subsec. (b)(1) to (3). Pub. L. 104–201 substituted ‘‘vic- tim’’ for ‘‘offender’s spouse or intimate partner’’. 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. § 2263. Pretrial release of defendant In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this chapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard re- garding the danger posed by the defendant. (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1928.) § 2264. Restitution (a) IN GENERAL.—Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. (b) SCOPE AND NATURE OF ORDER.— (1) DIRECTIONS.—The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the vic- tim’s losses as determined by the court pursu- ant to paragraph (2). (2) ENFORCEMENT.—An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A. (3) DEFINITION.—For purposes of this sub- section, the term ‘‘full amount of the victim’s losses’’ includes any costs incurred by the vic- tim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, plus any costs incurred in obtaining a civil protection order; (F) veterinary services relating to physical care for the victim’s pet, service animal, emotional support animal, or horse; and (G) any other losses suffered by the victim as a proximate result of the offense. (4) ORDER MANDATORY.—(A) The issuance of a restitution order under this section is manda- tory. (B) A court may not decline to issue an order under this section because of— (i) the economic circumstances of the de- fendant; or (ii) the fact that a victim has, or is enti- tled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. (c) VICTIM DEFINED.—For purposes of this sec- tion, the term ‘‘victim’’ means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incom- petent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian. (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1928; amended Pub. L. 104–132, title II, § 205(d), Apr. 24, 1996, 110 Stat. 1231; Pub. L. 115–334, title XII, § 12502(a)(3), Dec. 20, 2018, 132 Stat. 4983.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(3)(F), (G). Pub. L. 115–334 added sub- par. (F) and redesignated former subpar. (F) as (G). 1996—Subsec. (a). Pub. L. 104–132, § 205(d)(1), inserted ‘‘or 3663A’’ after ‘‘3663’’. Subsec. (b)(1). Pub. L. 104–132, § 205(d)(2)(A), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘The order of restitution under this section shall direct that— ‘‘(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court, pursuant to paragraph (3); and ‘‘(B) the United States Attorney enforce the res- titution order by all available and reasonable means.’’ Subsec. (b)(2). Pub. L. 104–132, § 205(d)(2)(B), struck out ‘‘by victim’’ after ‘‘Enforcement’’ in heading and amended text generally. Prior to amendment, text read as follows: ‘‘An order of restitution also may be en- forced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.’’ Subsec. (b)(4)(C), (D). Pub. L. 104–132, § 205(d)(2)(C), struck out subpars. (C) and (D), which related to court’s consideration of economic circumstances of de- fendant in determining schedule of payment of restitu- tion orders, and court’s entry of nominal restitution awards where economic circumstances of defendant do not allow for payment of restitution, respectively. Subsec. (b)(5) to (10). Pub. L. 104–132, § 205(d)(2)(D), struck out pars. (5) to (10), which related, respectively, to more than 1 offender, more than 1 victim, payment schedule, setoff, effect on other sources of compensa- tion, and condition of probation or supervised release.