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18 USC CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

.

-HEAD-

CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-MISC1-

Sec.

2261. Interstate domestic violence.

2261A. Interstate stalking.

2262. Interstate violation of protection order.

2263. Pretrial release of defendant.

2264. Restitution.

2265. Full faith and credit given to protection orders.

2266. Definitions.

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 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, Sec. 1069(b)(3), (c), Sept.

23, 1996, 110 Stat. 2656, inserted ''AND STALKING'' after

''VIOLENCE'' in chapter heading and added item 2261A.

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18 USC Sec. 2261 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-

Sec. 2261. Interstate domestic violence

-STATUTE-

(a) Offenses. -

(1) Travel or conduct of offender. - A person who travels in

interstate or foreign commerce or enters or leaves Indian country

with the intent to kill, injure, harass, or intimidate a spouse

or intimate partner, and who, in the course of or as a result of

such travel, commits or attempts to commit a crime of violence

against that spouse or intimate partner, shall be punished as

provided in subsection (b).

(2) Causing travel of victim. - A person who causes a spouse or

intimate partner to travel in interstate or foreign commerce or

to enter or leave Indian country by force, coercion, duress, or

fraud, and who, in the course of, as a result of, or to

facilitate such conduct or travel, commits or attempts to commit

a crime of violence against that spouse or intimate partner,

shall be punished as provided in subsection (b).

(b) Penalties. - A person who violates this section or section

2261A shall be fined under this title, imprisoned -

(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.

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,

108 Stat. 1926; amended Pub. L. 104-201, div. A, title X, Sec.

1069(b)(1), (2), Sept. 23, 1996, 110 Stat. 2656; Pub. L. 106-386,

div. B, title I, Sec. 1107(a), Oct. 28, 2000, 114 Stat. 1497.)

-MISC1-

AMENDMENTS

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 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 result of that conduct, intentionally commits a

crime of violence and thereby causes bodily injury to the person'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 intimate partner'' in pars.

(1) to (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2261A of this title.

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18 USC Sec. 2261A 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-

Sec. 2261A. Interstate stalking

-STATUTE-

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 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,

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 or injure 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) of that person; or

(iii) a spouse or intimate partner of that person,

uses the mail or any facility of interstate or foreign commerce

to engage in a course of conduct that 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),

shall be punished as provided in section 2261(b).

-SOURCE-

(Added Pub. L. 104-201, div. A, title X, Sec. 1069(a), Sept. 23,

1996, 110 Stat. 2655; amended Pub. L. 106-386, div. B, title I,

Sec. 1107(b)(1), Oct. 28, 2000, 114 Stat. 1498.)

-MISC1-

AMENDMENTS

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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2261, 2266 of this title.

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18 USC Sec. 2262 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-

Sec. 2262. Interstate violation of protection order

-STATUTE-

(a) Offenses. -

(1) Travel or conduct of offender. - A person who travels in

interstate or foreign commerce, or enters or leaves Indian

country, with the intent to engage in conduct that violates the

portion of a protection order that prohibits or provides

protection against violence, threats, or harassment against,

contact or communication with, or physical proximity to, another

person, or that would violate such a portion of a protection

order in the jurisdiction in which the order was issued, and

subsequently engages 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 Indian 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

protection order that prohibits or provides protection against

violence, threats, or harassment against, contact or

communication with, or physical proximity to, another person, or

that would violate such a portion of a protection order in the

jurisdiction 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, imprisoned -

(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.

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,

108 Stat. 1927; amended Pub. L. 104-201, div. A, title X, Sec.

1069(b)(2), Sept. 23, 1996, 110 Stat. 2656; Pub. L. 104-294, title

VI, Sec. 605(d), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 106-386,

div. B, title I, Sec. 1107(c), Oct. 28, 2000, 114 Stat. 1498.)

-MISC1-

AMENDMENTS

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

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 result of that conduct, intentionally commits an

act that injures the person's spouse or intimate partner in

violation 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 ''victim'' for

''offender's spouse or intimate partner''.

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18 USC Sec. 2263 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-

Sec. 2263. Pretrial release of defendant

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,

108 Stat. 1928.)

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18 USC Sec. 2264 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-

Sec. 2264. Restitution

-STATUTE-

(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 victim's

losses as determined by the court pursuant 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 subsection, the term

''full amount of the victim's losses'' includes any costs

incurred by the victim 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; and

(F) 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 mandatory.

(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) Victim Defined. - For purposes of this section, 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, incompetent, 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.

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,

108 Stat. 1928; amended Pub. L. 104-132, title II, Sec. 205(d),

Apr. 24, 1996, 110 Stat. 1231.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(d)(1), inserted

''or 3663A'' after ''3663''.

Subsec. (b)(1). Pub. L. 104-132, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 205(d)(3), (4), added subsec.

(c) and struck out former subsec. (c) which read as follows:

''Affidavit. - Within 60 days after conviction and, in any event,

not later than 10 days before sentencing, the United States

Attorney (or such Attorney's delegate), after consulting with the

victim, shall prepare and file an affidavit with the court listing

the amounts subject to restitution under this section. The

affidavit shall be signed by the United States Attorney (or the

delegate) and the victim. Should the victim object to any of the

information included in the affidavit, the United States Attorney

(or the delegate) shall advise the victim that the victim may file

a separate affidavit and assist the victim in the preparation of

the affidavit.''

Subsecs. (d) to (g). Pub. L. 104-132, Sec. 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.

EFFECTIVE DATE OF 1996 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3563, 3613, 3664 of this

title.

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18 USC Sec. 2265 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-

Sec. 2265. Full faith and credit given to protection orders

-STATUTE-

(a) Full Faith and Credit. - Any protection order issued that is

consistent with subsection (b) of this section by the court of one

State or Indian tribe (the issuing State or Indian tribe) shall be

accorded full faith and credit by the court of another State or

Indian tribe (the enforcing State or Indian tribe) and enforced as

if it were the order of the enforcing State or tribe.

(b) Protection Order. - A protection order issued by a State or

tribal court is consistent with this subsection if -

(1) such court has jurisdiction over the parties and matter

under the law of such State or Indian tribe; 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 or tribal law, and in any event

within a reasonable time after the order is issued, sufficient to

protect the respondent's due process rights.

(c) Cross or Counter Petition. - A protection order issued by a

State or tribal court against one who has petitioned, filed a

complaint, or otherwise filed a written pleading for protection

against abuse by a spouse or intimate partner is not entitled to

full faith and credit if -

(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) Notification and Registration. -

(1) Notification. - A State or Indian tribe according full

faith and credit to an order by a court of another State or

Indian tribe shall not notify or require notification of the

party against whom a protection order has been issued that the

protection order has been registered or filed in that enforcing

State or tribal jurisdiction unless requested to do so by the

party protected under such order.

(2) No prior registration or filing as prerequisite for

enforcement. - Any protection order that is otherwise consistent

with this section shall be accorded full faith and credit,

notwithstanding failure to comply with any requirement that the

order be registered or filed in the enforcing State or tribal

jurisdiction.

(e) Tribal Court Jurisdiction. - For purposes of this section, a

tribal court shall have full civil jurisdiction to enforce

protection orders, including authority to enforce any orders

through civil contempt proceedings, exclusion of violators from

Indian lands, and other appropriate mechanisms, in matters arising

within the authority of the tribe.

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,

108 Stat. 1930; amended Pub. L. 106-386, div. B, title I, Sec.

1101(b)(4), Oct. 28, 2000, 114 Stat. 1493.)

-MISC1-

AMENDMENTS

2000 - Subsecs. (d), (e). Pub. L. 106-386 added subsecs. (d) and

(e).

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18 USC Sec. 2266 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-

Sec. 2266. Definitions

-STATUTE-

In this chapter:

(1) Bodily injury. - The term ''bodily injury'' means any act,

except one done in self-defense, that results in physical injury

or sexual abuse.

(2) Course of conduct. - The term ''course of conduct'' means a

pattern of conduct composed of 2 or more acts, evidencing a

continuity of purpose.

(3) Enter or leave indian country. - The term ''enter or leave

Indian country'' includes leaving the jurisdiction of 1 tribal

government and entering the jurisdiction of another tribal

government.

(4) Indian country. - The term ''Indian country'' has the

meaning stated in section 1151 of this title.

(5) Protection order. - 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.

(6) Serious bodily injury. - The term ''serious bodily injury''

has the meaning stated in section 2119(2).

(7) Spouse or intimate partner. - The term ''spouse or intimate

partner'' includes -

(A) for purposes of -

(i) sections other than 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; and

(ii) 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

(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) State. - The term ''State'' includes a State of the United

States, the District of Columbia, and a commonwealth, territory,

or possession of the United States.

(9) Travel in interstate or foreign commerce. - The term

''travel in interstate or foreign commerce'' does not include

travel from 1 State to another by an individual who is a member

of an Indian tribe and who remains at all times in the territory

of the Indian tribe of which the individual is a member.

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,

108 Stat. 1931; amended Pub. L. 106-386, div. B, title I, Sec.

1107(d), Oct. 28, 2000, 114 Stat. 1499.)

-MISC1-

AMENDMENTS

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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1993 of this title; title

10 section 1561a; title 42 sections 3796gg-5, 3796hh.

-CITE-