DETERRENCE Act
Officially: “DETERRENCE Act” Read the full text
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Sec. 1Short title
This section gives the Act its official name: the Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act, or the DETERRENCE Act.
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1. Short title This Act may be cited as the Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act or the DETERRENCE Act .
Sec. 2Kidnapping
This section would add new sentencing enhancements to the federal kidnapping law (section 1201 of title 18, United States Code). For a kidnapping offense under subsection (a), a court could increase the sentence by up to 10 years if the offense was committed knowingly at the direction of, or in coordination with, a foreign government or an agent of a foreign government. For a conspiracy to commit kidnapping under subsection (a), a court could increase the sentence by up to 10 years, but only if both of the following are true: at least one person involved in the conspiracy was knowingly acting in coordination with a foreign government or its agent, and the person being sentenced knew that at least one person in the conspiracy was knowingly acting in coordination with a foreign government or its agent. For an attempt to commit kidnapping under subsection (a), a court could increase the sentence by up to 5 years if the attempt was committed knowingly at the direction of, or in coordination with, a foreign government or its agent.
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2. Kidnapping Section 1201 of title 18, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); (2) by inserting after subsection (g) the following: (h) Sentence enhancements for offenses directed by or coordinated with foreign governments (1) In general The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government. (2) Conspiracy The sentence of a person convicted of conspiring to commit a violation of subsection (a) as part of a conspiracy under the elements specified in subsection (c) may be increased by up to 10 years if— (A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and (B) the person convicted of conspiring to commit a violation of subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government. (3) Attempt The sentence of a person convicted of an attempt to violate subsection (a) may be increased by up to 5 years if such attempt was knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government. ; and (3) in subsection (i), as so designated, by inserting Definition .— before As used in this section .
Sec. 3Use of interstate commerce facilities in the commission of murder-for-hire
This section would add a new sentencing enhancement to the federal murder-for-hire law (section 1958 of title 18, United States Code) for offenses under subsection (a). A court could increase the sentence by up to 5 years if the offense was committed knowingly at the direction of, or in coordination with, a foreign government or an agent of a foreign government. A court could increase the sentence by up to 10 years instead if the offense was committed knowingly at the direction of, or in coordination with, a foreign government or its agent and the offense resulted in personal injury. This section would also update cross-references to this penalty provision in two other statutes, the federal terrorism-related jurisdiction statute (section 2332b(g)(2) of title 18) and the Controlled Substances Import and Export Act (21 U.S.C. 960a(d)), so that each points to section 1958 as a whole rather than to a specific subsection, without changing what conduct either statute covers.
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3. Use of interstate commerce facilities in the commission of murder-for-hire (a) In general Section 1958 of title 18, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following: (b) Sentence enhancements for offenses directed by or coordinated with foreign governments The sentence of a person convicted of an offense under subsection (a)— (1) may be increased by up to 5 years, if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and (2) may be increased by up to 10 years— (A) if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and (B) personal injury results. ; and (3) in subsection (c), as so redesignated, by inserting Definitions .— before As used in this section . (b) Technical and conforming amendments (1) Section 2332b(g)(2) of title 18, United States Code, is amended by striking section 1958(b)(2) and inserting section 1958 . (2) Section 1010A(d) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960a(d) ) is amended by striking section 1958(b)(1) and inserting section 1958 .
Sec. 4Influencing, impeding, or retaliating against a federal official by threatening or injuring a family member
This section would add a new sentencing enhancement to section 115(b) of title 18, United States Code, for an offense under subsection (a) of that section committed knowingly at the direction of, or in coordination with, a foreign government or an agent of a foreign government. A court could increase the sentence by up to 5 years if the offense was an assault involving physical contact with the victim, or if it involved the intent to commit another felony. A court could increase the sentence by up to 10 years if any of the following is true: the offense was an assault resulting in bodily injury, including serious bodily injury as defined in section 1365 of title 18; the conduct would have violated section 2241 or 2242 of title 18 had it occurred in the special maritime and territorial jurisdiction of the United States; or a dangerous weapon was used during and in relation to the offense. A court could also increase the sentence by up to 10 years if the offense was a murder, an attempted murder, or a conspiracy to murder.
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4. Influencing, impeding, or retaliating against a federal official by threatening or injuring a family member Section 115(b) of title 18, United States Code, is amended by adding at the end the following: (5) The sentence of a person convicted of an offense under subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government— (A) may be increased by up to 5 years if the offense committed was an assault involving physical contact with the victim of that assault or the intent to commit another felony; (B) may be increased by up to 10 years if— (i) the offense committed was an assault resulting in bodily injury (including serious bodily injury (as that term is defined in section 1365 of this title)); (ii) the offense involved any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title; or (iii) a dangerous weapon was used during and in relation to the offense; and (C) may be increased by up to 10 years if the offense committed was a murder, attempted murder, or conspiracy to murder. .
Sec. 5Stalking
This section would restructure the federal stalking law (section 2261A of title 18, United States Code) by placing its existing list of offenses into a new subsection (a), made subject to an exception in a new subsection (b). It would then add that subsection (b), creating a sentencing enhancement for a stalking offense under paragraph (1) or (2) of subsection (a) committed knowingly at the direction of, or in coordination with, a foreign government or an agent of a foreign government. A court could increase the sentence by up to 5 years if any of the following is true: the offense resulted in serious bodily injury to the victim, including permanent disfigurement or life-threatening bodily injury; the offender used a dangerous weapon during the offense; or the victim was under 18 years old. A court could increase the sentence by up to 10 years if the offense resulted in the victim's death. In any other case meeting the foreign-government condition, a court could increase the sentence by up to 30 months.
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5. Stalking Section 2261A of title 18, United States Code, is amended— (1) by striking Whoever— and inserting (a) In general .—Except as provided in subsection (b), whoever— ; and (2) by adding at the end the following: (b) Enhanced penalties for offenses involving foreign governments The sentence of a person convicted of an offense under paragraph (1) or (2) of subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government— (1) may be increased by up to 5 years if— (A) serious bodily injury (including permanent disfigurement or life threatening bodily injury) to the victim results; (B) the offender uses a dangerous weapon during the offense; or (C) the victim of the offense is under the age of 18 years; (2) may be increased by up to 10 years if death of the victim results; and (3) may be increased by up to 30 months in any other case. .
Sec. 6Protection of officers and employees of the United States
This section would add a new sentencing enhancement to the federal law protecting officers and employees of the United States (section 1114 of title 18, United States Code). A court could increase the sentence of a person convicted of an offense under subsection (a) of that section by up to 10 years if the offense was committed knowingly at the direction of, or in coordination with, a foreign government or an agent of a foreign government.
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6. Protection of officers and employees of the United States Section 1114 of title 18, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Sentence enhancements for offenses directed by or coordinated with foreign governments The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government. .
Sec. 7Presidential and Presidential staff assassination, kidnapping, and assault
This section would add a set of sentencing enhancements to the law covering assassination, kidnapping, and assault of the President and other protected individuals (section 1751 of title 18, United States Code). A court could increase the sentence of a person convicted of an offense under subsection (a), (b), or (c) of that section by up to 10 years if the offense was committed knowingly at the direction of, or in coordination with, a foreign government or an agent of a foreign government. For a conspiracy to kill or kidnap an individual designated in subsection (a), a court could increase the sentence by up to 10 years, but only if both of the following are true: at least one person involved in the conspiracy was knowingly acting in coordination with a foreign government or its agent, and the person being sentenced knew that at least one person in the conspiracy was knowingly acting in coordination with a foreign government or its agent. For an offense under subsection (e) of that section, a court could increase the sentence by up to 10 years if the victim was one of the individuals listed in paragraph (1) of subsection (a) and the offense was committed knowingly at the direction of, or in coordination with, a foreign government or its agent. A court could likewise increase the sentence by up to 10 years for an offense under subsection (e) if the victim was one of the individuals listed in paragraph (2) of subsection (a), under the same foreign-government condition. A court could also increase the sentence by up to 10 years for an offense under subsection (e) if the offense involved the use of a dangerous weapon or resulted in personal injury, again under the same foreign-government condition.
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7. Presidential and Presidential staff assassination, kidnapping, and assault Section 1751 of title 18, United States Code, is amended— (1) by redesignating subsections (f) through (k) as subsections (g) through (i), respectively; and (2) by inserting after subsection (e) the following: (f) (1) The sentence of a person convicted of an offense under subsection (a), (b), or (c) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government. (2) The sentence of a person convicted of conspiring to kill or kidnap any individual designated in subsection (a) as part of a conspiracy under the elements specified in subsection (d) may be increased by up to 10 years if— (A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and (B) the person convicted of conspiring to kill or kidnap an individual designated in subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government. (3) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if— (A) the victim was any person designated in subsection (a)(1); and (B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government. (4) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if— (A) the victim was any person designated in subsection (a)(2); and (B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government. (5) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if— (A) (i) the offense involved the use of a dangerous weapon; or (ii) personal injury resulted; and (B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government. .
Where it is
In the Senate.