18 U.S.C. § 2262: Interstate violation of…

Summary

Makes it a federal crime to cross state or international borders, enter or leave Indian country, or be in certain federal areas with the intent to break a protection order that stops violence, threats, harassment, unwanted contact or being near someone, or their pet, service animal, emotional-support animal, or horse — and then actually do it. It is also a crime to force, coerce, dupe, or threaten someone into traveling across borders or into Indian country and, in the course of that travel, violate the same kinds of protection order rules. Punishments include fines and prison. If the victim dies, the offender faces life or any term of years. If the victim has permanent disfigurement or life-threatening injury, up to 20 years. If serious injury occurs or a dangerous weapon is used, up to 10 years. If the act would be charged under chapter 109A, it is punished as chapter 109A provides. In other cases, including offenses against animals, up to 5 years.

Title 18, §2262

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Offenses.—

(1)Travel or conduct of offender.—

A person who travels in interstate or foreign commerce, or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States, 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 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 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 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, 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, including any case in which the offense is committed against a pet, service animal, emotional support animal, or horse,

or both fined and imprisoned.

Notes & Related Subsidiaries

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 person”. Subsec. (a)(2). Pub. L. 115–334, § 12502(a)(2)(A)(ii), inserted “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 animal, 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 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) 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 AmendmentAmendment 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 section 2261 of this title.

§2262 Interstate Violation of Protection Order