1996—Pub. L. 104–294, title VI, §604(a)(1), Oct. 11, 1996, 110 Stat. 3506, amended analysis by inserting “Sec.” above section numbers.
Pub. L. 104–201, div. A, title X, §1069(b)(3), (c), Sept. 23, 1996, 110 Stat. 2656, inserted “AND STALKING” after “VIOLENCE” in chapter heading and added item 2261A.
1 Section catchline amended by Pub. L. 109–162 without corresponding amendment of chapter analysis.
(a)
(1)
(2)
(b)
(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 bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;
(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction 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 section 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.)
2006—Subsec. (a)(1). Pub. L. 109–162, §117(a), inserted “or within the special maritime and territorial jurisdiction 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 intimate partner”, was executed by making the substitution in two places to reflect the probable intent of Congress.
Subsec. (a)(2). Pub. L. 109–162, §116(a)(2), which directed 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)
“(2)
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 intimate partner” in pars. (1) to (3).
Whoever—
(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, 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 places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or
(2) with the intent—
(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or
(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to—
(i) that person;
(ii) a member of the immediate family (as defined in section 115 1 of that person; or
(iii) a spouse or intimate partner of that person;
uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B); 2
shall be punished as provided in section 2261(b) of this title.
(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.)
2006—Pub. L. 109–162 amended section catchline and text generally, revising and restating former provisions relating to stalking so as to include surveillance with intent to kill, injure, harass, or intimidate which results 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 person 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.”
1 So in original. Probably should be followed by a closing parenthesis.
2 So in original. Provision probably should be set flush with par. (2).
(a)
(1)
(2)
(b)
(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 bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;
(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction 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.
(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.)
2006—Subsec. (a)(1). Pub. L. 109–162 inserted “or within 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:
“(1)
“(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)
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 “victim” for “offender's spouse or intimate partner”.
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 regarding the danger posed by the defendant.
(Added Pub. L. 103–322, title IV, §40221(a), Sept. 13, 1994, 108 Stat. 1928.)
(a)
(b)
(1)
(2)
(3)
(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; and
(F) any other losses suffered by the victim as a proximate result of the offense.
(4)
(B) A court may not decline to issue an order under this section because of—
(i) the economic circumstances of the defendant; or
(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.
(c)
(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.)
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 restitution 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 enforced 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 defendant in determining schedule of payment of restitution 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 compensation, and condition of probation or supervised release.
Subsec. (c). Pub. L. 104–132, §205(d)(3), (4), added subsec. (c) and struck out former subsec. (c) which read as follows: “
Subsecs. (d) to (g). Pub. L. 104–132, §205(d)(3), struck out subsecs. (d) to (g), which related, respectively, to objection, additional documentation and testimony, final determination of losses, and restitution in addition to punishment.
Amendment by Pub. L. 104–132 effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.
(a)
(b)
(1) such court has jurisdiction over the parties and matter under the law of such State, Indian tribe, or territory; and
(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent's due process rights.
(c)
(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or
(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.
(d)
(1)
(2)
(3)
(e)
(Added Pub. L. 103–322, title IV, §40221(a), Sept. 13, 1994, 108 Stat. 1930; amended Pub. L. 106–386, div. B, title I, §1101(b)(4), Oct. 28, 2000, 114 Stat. 1493; Pub. L. 109–162, title I, §106(a)–(c), Jan. 5, 2006, 119 Stat. 2981, 2982; Pub. L. 109–271, §2(n), Aug. 12, 2006, 120 Stat. 754.)
2006—Subsec. (a). Pub. L. 109–162, §106(a)(1), (b), substituted “, Indian tribe, or territory” for “or Indian tribe” wherever appearing and “and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were” for “and enforced as if it were”.
Subsec. (b). Pub. L. 109–162, §106(a)(2), substituted “State, tribal, or territorial” for “State or tribal” in introductory provisions.
Subsec. (b)(1). Pub. L. 109–162, §106(a)(1), substituted “, Indian tribe, or territory” for “or Indian tribe”.
Subsec. (b)(2). Pub. L. 109–162, §106(a)(2), substituted “State, tribal, or territorial” for “State or tribal”.
Subsec. (c). Pub. L. 109–162, §106(a)(2), substituted “State, tribal, or territorial” for “State or tribal” in introductory provisions.
Subsec. (d)(1). Pub. L. 109–162, §106(a), substituted “, Indian tribe, or territory” for “or Indian tribe” in two places and “State, tribal, or territorial” for “State or tribal”.
Subsec. (d)(2). Pub. L. 109–162, §106(a)(2), substituted “State, tribal, or territorial” for “State or tribal”.
Subsec. (d)(3). Pub. L. 109–271, which directed amendment of section 106(c) of Pub. L. 109–162 by substituting “the registration, filing of a petition for, or issuance of a protection order, restraining order or injunction” for “the registration or filing of a protection order”, was executed by making the substitution in par. (3), which was added by section 106(c) of Pub. L. 109–162, to reflect the probable intent of Congress.
Pub. L. 109–162, §106(c), added par. (3).
2000—Subsecs. (d), (e). Pub. L. 106–386 added subsecs. (d) and (e).
1 So in original. Probably should not be capitalized.
(a)
(b)
(1) the term “prior domestic violence or stalking offense” means a conviction for an offense—
(A) under section 2261, 2261A, or 2262 of this chapter; or
(B) under State law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce; and
(2) the term “State” means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.
(Added Pub. L. 109–162, title I, §115, Jan. 5, 2006, 119 Stat. 2988.)
In this chapter:
(1)
(2)
(3)
(4)
(5)
(A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and
(B) any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking.
(6)
(7)
(A) for purposes of—
(i) sections other than 2261A—
(I) a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; or
(II) a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship; and
(ii) section 2261A—
(I) a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; or
(II) a person who is or has been in a social relationship of a romantic or intimate nature with the target of the stalking, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.1
(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides.
(8)
(9)
(10)
(A) the length of the relationship; and
(B) the type of relationship; and
(C) the frequency of interaction between the persons involved in the relationship.
(Added Pub. L. 103–322, title IV, §40221(a), Sept. 13, 1994, 108 Stat. 1931; amended Pub. L. 106–386, div. B, title I, §1107(d), Oct. 28, 2000, 114 Stat. 1499; Pub. L. 109–162, title I, §§106(d), 116(b), Jan. 5, 2006, 119 Stat. 2982, 2988; Pub. L. 109–271, §2(c), (i), Aug. 12, 2006, 120 Stat. 752.)
2006—Par. (5). Pub. L. 109–162, §106(d)(1), added par. (5) and struck out heading and text of former par. (5). Text read as follows: “The term ‘protection order’ includes any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil and criminal court (other than a support or child custody order issued pursuant to State divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other Federal law) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.”
Par. (7)(A). Pub. L. 109–162, §106(d)(2), which directed amendment of cls. (i) and (ii) by substituting “2261A—
“(I) a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; or
“(II) a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship”
for “2261A, a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser”, was executed only to cl. (i) to reflect the probable intent of Congress because the quoted language to be deleted does not appear in cl. (ii).
Par. (7)(A)(ii). Pub. L. 109–271, §2(c), added cl. (ii) and struck out former cl. (ii) which read as follows: “section 2261A, a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; and”.
Par. (10). Pub. L. 109–271, §2(i), substituted “. The existence of such a relationship is” for “and the existence of such a relationship” in introductory provisions.
Pub. L. 109–162, §116(b), added par. (10).
2000—Pub. L. 106–386 reenacted section catchline without change and amended text generally. Prior to amendment, text defined “bodily injury”, “Indian country”, “protection order”, “spouse or intimate partner”, “State”, and “travel across State lines”.