18 U.S.C. § 2266 — Definitions
submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 768 words · no verdicts yet
This section defines terms used in this chapter, including bodily injury, course of conduct, protection order, spouse or intimate partner, dating partner, and specified animals. Some definitions refer to other laws or regulations.
In this chapter: (1) “Bodily injury” means any act, except self-defense, that causes physical injury or sexual abuse. (2) “Course of conduct” means a pattern of two or more acts showing continuity of purpose. (3) “Enter or leave Indian country” includes leaving one tribal government’s jurisdiction and entering another’s. (4) “Indian country” has the meaning in § 1151; this section does not define it. (5) “Protection order” includes (A) an injunction, restraining order, or other civil or criminal court order preventing violence, threats, harassment, sexual violence, contact, communication, or proximity, including temporary or final orders issued after a protection complaint, petition, or motion, and (B) support, custody, visitation, remedies, or relief included in such an order under state, tribal, territorial, or local law protecting victims of domestic violence, sexual assault, dating violence, or stalking. (6) “Serious bodily injury” has the meaning in § 2119(2); this section does not define it. (7) “Spouse or intimate partner” includes (A) for sections other than § 2261A, the abuser’s spouse or former spouse, a person sharing a child with the abuser, a person who lives or lived with the abuser as a spouse, and a person in a romantic or intimate social relationship with the abuser judged by relationship length, type, and interaction frequency; for § 2261A, the corresponding people are defined in relation to the stalking target; and (B) another person similarly situated to a spouse who is protected by the domestic or family-violence law of the place of injury or victim residence. (8) “State” includes a United States state, the District of Columbia, and a commonwealth, territory, or possession. (9) “Travel in interstate or foreign commerce” does not include travel from one State to another by an Indian-tribe member who stays entirely within that tribe’s territory. (10) “Dating partner” means a person who is or was in a romantic or intimate social relationship with the abuser, judged by (A) length, (B) type, and (C) interaction frequency. (11) “Pet” means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or another animal kept for pleasure rather than commercial purposes. (12) “Emotional support animal” means an animal covered by the exclusion in 24 C.F.R. § 5.303, or a successor rule, that is not a service animal. (13) “Service animal” has the meaning in 28 C.F.R. § 36.104, or a successor rule; this section does not define it.
In this chapter:
The term “bodily injury” means any act, except one done in self-defense, that results in physical injury or sexual abuse.
The term “course of conduct” means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose.
The term “enter or leave Indian country” includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government.
The term “protection order” includes—
any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and
any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking.
The term “serious bodily injury” has the meaning stated in section 2119(2).
The term “spouse or intimate partner” includes—
for purposes of—
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; or
a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship; and
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; or
a person who is or has been in a social relationship of a romantic or intimate nature with the target of the stalking, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.1
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.
The term “State” includes a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States.
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.
The term “dating partner” refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser. The existence of such a relationship is based on a consideration of—
the length of the relationship; and
the type of relationship; and
the frequency of interaction between the persons involved in the relationship.
The term “pet” means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes.
The term “emotional support animal” means an animal that is covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation), and that is not a service animal.
The term “service animal” has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or a successor regulation).
Source credit: (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1931; amended Pub. L. 106–386, div. B, title I, § 1107(d), Oct. 28, 2000, 114 Stat. 1499; Pub. L. 109–162, title I, §§ 106(d), 116(b), Jan. 5, 2006, 119 Stat. 2982, 2988; Pub. L. 109–271, § 2(c), (i), Aug. 12, 2006, 120 Stat. 752; Pub. L. 115–334, title XII, § 12502(a)(4), Dec. 20, 2018, 132 Stat. 4983.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1931
- 2000Amended · Pub. L. 106-386 · 114 Stat. 1499
- 2006Amended · Pub. L. 109-162 · 119 Stat. 2982, 2988
- 2006Amended · Pub. L. 109-271 · 120 Stat. 752
- 2018Amended · Pub. L. 115-334 · 132 Stat. 4983
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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