Federal Penalties Statutes
Stalking
18 USCS §
2261A. Stalking
Whoever-
(1) travels in interstate or foreign
commerce or within the special maritime and territorial jurisdiction of the
United States, or enters or leaves Indian country, with the intent to kill,
injure, harass, or place under surveillance with intent to kill, injure, harass,
or intimidate another person, and in the course of, or as a result of, such
travel places that person in reasonable fear of the death of, or serious bodily
injury to, or causes substantial emotional distress to that person, a member of
the immediate family (as defined in section 115 [18 USCS §
115]) of that person, or the spouse or intimate partner of that
person; or
(2) with the
intent-
(A)
to
kill, injure, harass, or place under surveillance with intent to kill, injure,
harass, or intimidate, or cause substantial emotional distress to a person in
another State or tribal jurisdiction or within the special maritime and
territorial jurisdiction of the United States; or
(B)
to
place a person in another State or tribal jurisdiction, or within the special
maritime and territorial jurisdiction of the United States,
in reasonable fear of the death of, or serious bodily injury
to-
(i)
that
person;
(ii)
a
member of the immediate family (as defined in section 115 [18 USCS §
115][)] of that person; or
(iii)
a
spouse or intimate partner of that person; uses the mail, any interactive
computer service, or any facility of interstate or foreign commerce to engage in
a course of conduct that causes substantial emotional distress to that person or
places that person in reasonable fear of the death of, or serious bodily injury
to, any of the persons described in clauses (i) through (iii) of subparagraph
(B);
shall
be punished as provided in section 2261(b) of this title [18
USCS § 2261(b)].
Penalties for Interstate Stalking, Interstate Domestic Violence, and
Interstate Violation of a Protection Order
18
U.S.C. §2261(b). Offenders will be fined, 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 (18 U.S.C. § 2241 et seq.) 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 theUnited
States
or in a Federal prison); and
(5) for not more than 5 years, in any
other case, or both fined and imprisoned.
Interpretation - Penalties for
violating §§2261, 2261A or 2262 are either a fine, imprisonment, or both. There
are no minimum sentences, but there are maximums based on the extent of the
victim's injuries. The maximum sentences are listed below along with the
corresponding injury. life imprisonment if victim dies;
·
life
imprisonment if victim dies;
·
20
years if victim is permanently disfigured;
·
20
years if victim suffers life threatening bodily
injury;
·
10
years if victim suffers serious bodily injury;
·
Penalties set forth in Chapter
109A (18 U.S.C. § 2241 et seq. - sex offenses) if offender's conduct meets the
elements of any of those offenses (conduct does not have to occur in federal
prison or within special/maritime jurisdiction of U.S.);
or
·
5 years
for any other situation.
In addition, the maximum sentence
is 10 years if the offender uses a dangerous weapon.
Sentence Enhancements,
Upward Departure, and Additional Firearm Charges
Sentencing
Enhancements (See 18 U.S.C.G. § 2A6.2. Stalking or Domestic
Violence)
Under (a), base offense level is
14. Under (b)(1), offense increases
2 to 4 levels if it involves one or more of the following aggravating
factors:
- bodily
injury;
- violation of a court protection
order
- possession or threatened use of
a dangerous weapon; or
- pattern of stalking,
threatening, harassing, or stalking the same victim.
Upward Departure to
Address Severity of the Crime (See Application Note 5 of the Commentary to 18
U.S.S.G. § 2A6.2.)
An upward departure motion may be
granted if sentencing enhancement under (b)(1) does not adequately reflect the
extent or severity of the defendant's conduct. "For example, an upward departure
may be warranted if the defendant stalked the victim on many occasions over a
prolonged period of time."
Additional Charges
for Use of Firearms (See 18 U.S.C. § 924(c)(1))
If the defendant uses or possesses
a firearm in furtherance of a crime of violence for which he/she is convicted,
charges under § 924 may be filed and the following penalties may be
available:
- 5 years or
more;
- 7 years or more if firearm is brandished;
or
- 10 years or more if firearm is
discharged.
Specific
firearms
If certain types of firearms are
possessed or used, the following penalties may be
imposed:
- 10 years or more (25 for
multiple convictions) for short-barreled rifles or other listed firearms;
or
- 30 years or more (life for
multiple convictions) for machine guns or destructive devices, or weapons
equipped with silencers or firearm
mufflers.