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18 U.S.C. § 2262 — Interstate violation of protection order

submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 397 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section punishes interstate travel or conduct that violates specified parts of a protection order. It also covers causing the protected person to travel by force or deception and sets penalties based on the result or circumstances.

(a) Offenses. (1) A person who travels in interstate or foreign commerce, enters or leaves Indian country, or is in the United States’s special maritime and territorial jurisdiction, intending to engage in conduct prohibited by a protection order’s provisions against violence, threats, harassment, contact, communication, or physical proximity, and then engages in that conduct, is punished under subsection (b). The same applies to conduct that would violate that part of the order in the issuing jurisdiction. (2) A person who causes another person to travel in interstate or foreign commerce or enter or leave Indian country by force, coercion, duress, or fraud, and during, because of, or to facilitate that conduct or travel engages in the conduct prohibited by those order provisions, is punished under subsection (b).

(b) Penalties. A violator is fined under title 18 and imprisoned (1) for life or any term of years if the victim dies; (2) up to 20 years for permanent disfigurement or life-threatening bodily injury; (3) up to 10 years for serious bodily injury or use of a dangerous weapon; (4) as chapter 109A provides if the conduct would be an offense under that chapter; or (5) up to 5 years in any other case, including a case involving a pet, service animal, emotional support animal, or horse, or both fined and imprisoned.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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; Pub. L. 113–4, title I, § 107(c), Mar. 7, 2013, 127 Stat. 78; Pub. L. 115–334, title XII, § 12502(a)(2), Dec. 20, 2018, 132 Stat. 4982.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-322 · 108 Stat. 1927
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2656
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3509
  • 2000Amended · Pub. L. 106-386 · 114 Stat. 1498
  • 2006Amended · Pub. L. 109-162 · 119 Stat. 2989
  • 2013Amended · Pub. L. 113-4 · 127 Stat. 78
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4982

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.

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