18 USC § 2262 Interstate violation of protection order | United States Code | US Law

18 USC § 2262

Interstate violation of protection order

October 30, 2020

USC

(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.

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".

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 section 2261 of this title.

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