-CITE-
    18 USC CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING        01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-
               CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING           

-MISC1-
    Sec.                                                     
    2261.       Interstate domestic violence.                         
    2261A.      Interstate stalking.(!1)                               
    2262.       Interstate violation of protection order.             
    2263.       Pretrial release of defendant.                        
    2264.       Restitution.                                          
    2265.       Full faith and credit given to protection orders.     
    2265A       Repeat offenders.(!2)                                  
    2266.       Definitions.                                          

                                AMENDMENTS                            
      1996 - Pub. L. 104-294, title VI, Sec. 604(a)(1), Oct. 11, 1996,
    110 Stat. 3506, amended analysis by inserting "Sec." above section
    numbers.
      Pub. L. 104-201, div. A, title X, Sec. 1069(b)(3), (c), Sept. 23,
    1996, 110 Stat. 2656, inserted "AND STALKING" after "VIOLENCE" in
    chapter heading and added item 2261A.

-FOOTNOTE-
    (!1) Section catchline amended by Pub. L. 109-162 without
         corresponding amendment of chapter analysis.

    (!2) Editorially supplied. Section 2265A added by Pub. L.
         109-162 without corresponding amendment of chapter analysis.


-End-



-CITE-
    18 USC Sec. 2261                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-
    Sec. 2261. Interstate domestic violence

-STATUTE-
      (a) Offenses. - 
        (1) Travel or conduct of offender. - A person who travels in
      interstate or foreign commerce or enters or leaves Indian country
      or within the special maritime and territorial jurisdiction of
      the United States with the intent to kill, injure, harass, or
      intimidate a spouse, intimate partner, or dating partner, and
      who, in the course of or as a result of such travel, commits or
      attempts to commit a crime of violence against that spouse,
      intimate partner, or dating partner, shall be punished as
      provided in subsection (b).
        (2) Causing travel of victim. - A person who causes a spouse,
      intimate partner, or dating partner to travel in interstate or
      foreign commerce or to enter or leave Indian country by force,
      coercion, duress, or fraud, and who, in the course of, as a
      result of, or to facilitate such conduct or travel, commits or
      attempts to commit a crime of violence against that spouse,
      intimate partner, or dating partner, shall be punished as
      provided in subsection (b).

      (b) Penalties. - A person who violates this section or section
    2261A 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,

    or both fined and imprisoned.
        (6) Whoever commits the crime of stalking in violation of a
      temporary or permanent civil or criminal injunction, restraining
      order, no-contact order, or other order described in section 2266
      of title 18, United States Code, shall be punished by
      imprisonment for not less than 1 year.

-SOURCE-
    (Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,
    108 Stat. 1926; amended Pub. L. 104-201, div. A, title X, Sec.
    1069(b)(1), (2), Sept. 23, 1996, 110 Stat. 2656; Pub. L. 106-386,
    div. B, title I, Sec. 1107(a), Oct. 28, 2000, 114 Stat. 1497; Pub.
    L. 109-162, title I, Secs. 114(b), 116(a), 117(a), Jan. 5, 2006,
    119 Stat. 2988, 2989.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-162, Sec. 117(a), inserted "or
    within the special maritime and territorial jurisdiction of the
    United States" after "Indian country".
      Pub. L. 109-162, Sec. 116(a)(1), which directed substitution of
    ", intimate partner, or dating partner" for "or intimate partner",
    was executed by making the substitution in two places to reflect
    the probable intent of Congress.
      Subsec. (a)(2). Pub. L. 109-162, Sec. 116(a)(2), which directed
    substitution of ", intimate partner, or dating partner" for "or
    intimate partner", was executed by making the substitution in two
    places to reflect the probable intent of Congress.
      Subsec. (b)(6). Pub. L. 109-162, Sec. 114(b), added par. (6).
      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 injure,
    harass, or intimidate that person's spouse or intimate partner, and
    who, in the course of or as a result of such travel, intentionally
    commits a crime of violence and thereby causes bodily injury to
    such spouse or intimate partner, 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 a
    crime of violence and thereby causes bodily injury to the person's
    spouse or intimate partner, shall be punished as provided in
    subsection (b)."
      1996 - Subsec. (b). Pub. L. 104-201 inserted "or section 2261A"
    after "this section" in introductory provisions and substituted
    "victim" for "offender's spouse or intimate partner" in pars. (1)
    to (3).

-End-



-CITE-
    18 USC Sec. 2261A                                           01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-
    Sec. 2261A. Stalking

-STATUTE-
      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) 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 (!1) 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);
        (!2)


    shall be punished as provided in section 2261(b) of this title.

-SOURCE-
    (Added Pub. L. 104-201, div. A, title X, Sec. 1069(a), Sept. 23,
    1996, 110 Stat. 2655; amended Pub. L. 106-386, div. B, title I,
    Sec. 1107(b)(1), Oct. 28, 2000, 114 Stat. 1498; Pub. L. 109-162,
    title I, Sec. 114(a), Jan. 5, 2006, 119 Stat. 2987.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-162 amended section catchline and text
    generally, revising and restating former provisions relating to
    stalking so as to include surveillance with intent to kill, injure,
    harass, or intimidate which results in substantial emotional
    distress to a person within the purview of the offense proscribed.
      2000 - Pub. L. 106-386 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows: "Whoever travels across a State line or within the special
    maritime and territorial jurisdiction of the United States with the
    intent to injure or harass 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 (as defined in section
    1365(g)(3) of this title) to, that person or a member of that
    person's immediate family (as defined in section 115 of this title)
    shall be punished as provided in section 2261 of this title."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.

               

    (!2) So in original. Provision probably should be set flush with
         par. (2).


-End-



-CITE-
    18 USC Sec. 2262                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-
    Sec. 2262. Interstate violation of protection order

-STATUTE-
      (a) Offenses. - 
        (1) Travel or conduct of offender. - A person who travels in
      interstate or foreign commerce, or enters or leaves Indian
      country or 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 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
      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,

    or both fined and imprisoned.

-SOURCE-
    (Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,
    108 Stat. 1927; amended Pub. L. 104-201, div. A, title X, Sec.
    1069(b)(2), Sept. 23, 1996, 110 Stat. 2656; Pub. L. 104-294, title
    VI, Sec. 605(d), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 106-386,
    div. B, title I, Sec. 1107(c), Oct. 28, 2000, 114 Stat. 1498; Pub.
    L. 109-162, title I, Sec. 117(b), Jan. 5, 2006, 119 Stat. 2989.)


-MISC1-
                                AMENDMENTS                            
      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".

-End-



-CITE-
    18 USC Sec. 2263                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-
    Sec. 2263. Pretrial release of defendant

-STATUTE-
      In any proceeding pursuant to section 3142 for the purpose of
    determining whether a defendant charged under this chapter shall be
    released pending trial, or for the purpose of determining
    conditions of such release, the alleged victim shall be given an
    opportunity to be heard regarding the danger posed by the
    defendant.

-SOURCE-
    (Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,
    108 Stat. 1928.)

-End-



-CITE-
    18 USC Sec. 2264                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-
    Sec. 2264. Restitution

-STATUTE-
      (a) In General. - Notwithstanding section 3663 or 3663A, and in
    addition to any other civil or criminal penalty authorized by law,
    the court shall order restitution for any offense under this
    chapter.
      (b) Scope and Nature of Order. - 
        (1) Directions. - The order of restitution under this section
      shall direct the defendant to pay the victim (through the
      appropriate court mechanism) the full amount of the victim's
      losses as determined by the court pursuant to paragraph (2).
        (2) Enforcement. - An order of restitution under this section
      shall be issued and enforced in accordance with section 3664 in
      the same manner as an order under section 3663A.
        (3) Definition. - For purposes of this subsection, the term
      "full amount of the victim's losses" includes any costs incurred
      by the victim for - 
          (A) medical services relating to physical, psychiatric, or
        psychological care;
          (B) physical and occupational therapy or rehabilitation;
          (C) necessary transportation, temporary housing, and child
        care expenses;
          (D) lost income;
          (E) attorneys' fees, plus any costs incurred in obtaining a
        civil protection order; and
          (F) any other losses suffered by the victim as a proximate
        result of the offense.

        (4) Order mandatory. - (A) The issuance of a restitution order
      under this section is mandatory.
        (B) A court may not decline to issue an order under this
      section because of - 
          (i) the economic circumstances of the defendant; or
          (ii) the fact that a victim has, or is entitled to, receive
        compensation for his or her injuries from the proceeds of
        insurance or any other source.

      (c) Victim Defined. - For purposes of this section, the term
    "victim" means the individual harmed as a result of a commission of
    a crime under this chapter, including, in the case of a victim who
    is under 18 years of age, incompetent, incapacitated, or deceased,
    the legal guardian of the victim or representative of the victim's
    estate, another family member, or any other person appointed as
    suitable by the court, but in no event shall the defendant be named
    as such representative or guardian.

-SOURCE-
    (Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,
    108 Stat. 1928; amended Pub. L. 104-132, title II, Sec. 205(d),
    Apr. 24, 1996, 110 Stat. 1231.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(d)(1), inserted "or
    3663A" after "3663".
      Subsec. (b)(1). Pub. L. 104-132, Sec. 205(d)(2)(A), reenacted
    heading without change and amended text generally. Prior to
    amendment, text read as follows: "The order of restitution under
    this section shall direct that - 
        "(A) the defendant pay to the victim (through the appropriate
      court mechanism) the full amount of the victim's losses as
      determined by the court, pursuant to paragraph (3); and
        "(B) the United States Attorney enforce the restitution order
      by all available and reasonable means."
      Subsec. (b)(2). Pub. L. 104-132, Sec. 205(d)(2)(B), struck out
    "by victim" after "Enforcement" in heading and amended text
    generally. Prior to amendment, text read as follows: "An order of
    restitution also may be enforced by a victim named in the order to
    receive the restitution in the same manner as a judgment in a civil
    action."
      Subsec. (b)(4)(C), (D). Pub. L. 104-132, Sec. 205(d)(2)(C),
    struck out subpars. (C) and (D), which related to court's
    consideration of economic circumstances of defendant in determining
    schedule of payment of restitution orders, and court's entry of
    nominal restitution awards where economic circumstances of
    defendant do not allow for payment of restitution, respectively.
      Subsec. (b)(5) to (10). Pub. L. 104-132, Sec. 205(d)(2)(D),
    struck out pars. (5) to (10), which related, respectively, to more
    than 1 offender, more than 1 victim, payment schedule, setoff,
    effect on other sources of compensation, and condition of probation
    or supervised release.
      Subsec. (c). Pub. L. 104-132, Sec. 205(d)(3), (4), added subsec.
    (c) and struck out former subsec. (c) which read as follows:
    "Affidavit. - Within 60 days after conviction and, in any event,
    not later than 10 days before sentencing, the United States
    Attorney (or such Attorney's delegate), after consulting with the
    victim, shall prepare and file an affidavit with the court listing
    the amounts subject to restitution under this section. The
    affidavit shall be signed by the United States Attorney (or the
    delegate) and the victim. Should the victim object to any of the
    information included in the affidavit, the United States Attorney
    (or the delegate) shall advise the victim that the victim may file
    a separate affidavit and assist the victim in the preparation of
    the affidavit."
      Subsecs. (d) to (g). Pub. L. 104-132, Sec. 205(d)(3), struck out
    subsecs. (d) to (g), which related, respectively, to objection,
    additional documentation and testimony, final determination of
    losses, and restitution in addition to punishment.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-132 effective, to extent
    constitutionally permissible, for sentencing proceedings in cases
    in which defendant is convicted on or after Apr. 24, 1996, see
    section 211 of Pub. L. 104-132, set out as a note under section
    2248 of this title.

-End-



-CITE-
    18 USC Sec. 2265                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-
    Sec. 2265. Full faith and credit given to protection orders

-STATUTE-
      (a) Full Faith and Credit. - Any protection order issued that is
    consistent with subsection (b) of this section by the court of one
    State, Indian tribe, or territory (the issuing State, Indian tribe,
    or territory) shall be accorded full faith and credit by the court
    of another State, Indian tribe, or territory (the enforcing State,
    Indian tribe, or territory) and enforced by the court and law
    enforcement personnel of the other State, Indian tribal government
    or Territory (!1) as if it were the order of the enforcing State or
    tribe.

      (b) Protection Order. - A protection order issued by a State,
    tribal, or territorial court is consistent with this subsection if -
     
        (1) such court has jurisdiction over the parties and matter
      under the law of such State, Indian tribe, or territory; and
        (2) reasonable notice and opportunity to be heard is given to
      the person against whom the order is sought sufficient to protect
      that person's right to due process. In the case of ex parte
      orders, notice and opportunity to be heard must be provided
      within the time required by State, tribal, or territorial law,
      and in any event within a reasonable time after the order is
      issued, sufficient to protect the respondent's due process
      rights.

      (c) Cross or Counter Petition. - A protection order issued by a
    State, tribal, or territorial court against one who has petitioned,
    filed a complaint, or otherwise filed a written pleading for
    protection against abuse by a spouse or intimate partner is not
    entitled to full faith and credit if - 
        (1) no cross or counter petition, complaint, or other written
      pleading was filed seeking such a protection order; or
        (2) a cross or counter petition has been filed and the court
      did not make specific findings that each party was entitled to
      such an order.

      (d) Notification and Registration. - 
        (1) Notification. - A State, Indian tribe, or territory
      according full faith and credit to an order by a court of another
      State, Indian tribe, or territory shall not notify or require
      notification of the party against whom a protection order has
      been issued that the protection order has been registered or
      filed in that enforcing State, tribal, or territorial
      jurisdiction unless requested to do so by the party protected
      under such order.
        (2) No prior registration or filing as prerequisite for
      enforcement. - Any protection order that is otherwise consistent
      with this section shall be accorded full faith and credit,
      notwithstanding failure to comply with any requirement that the
      order be registered or filed in the enforcing State, tribal, or
      territorial jurisdiction.
        (3) Limits on internet publication of registration information.
      - A State, Indian tribe, or territory shall not make available
      publicly on the Internet any information regarding the
      registration, filing of a petition for, or issuance of a
      protection order, restraining order or injunction, restraining
      order, or injunction in either the issuing or enforcing State,
      tribal or territorial jurisdiction, if such publication would be
      likely to publicly reveal the identity or location of the party
      protected under such order. A State, Indian tribe, or territory
      may share court-generated and law enforcement-generated
      information contained in secure, governmental registries for
      protection order enforcement purposes.

      (e) Tribal Court Jurisdiction. - For purposes of this section, a
    tribal court shall have full civil jurisdiction to enforce
    protection orders, including authority to enforce any orders
    through civil contempt proceedings, exclusion of violators from
    Indian lands, and other appropriate mechanisms, in matters arising
    within the authority of the tribe.

-SOURCE-
    (Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,
    108 Stat. 1930; amended Pub. L. 106-386, div. B, title I, Sec.
    1101(b)(4), Oct. 28, 2000, 114 Stat. 1493; Pub. L. 109-162, title
    I, Sec. 106(a)-(c), Jan. 5, 2006, 119 Stat. 2981, 2982; Pub. L. 109-
    271, Sec. 2(n), Aug. 12, 2006, 120 Stat. 754.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-162, Sec. 106(a)(1), (b),
    substituted ", Indian tribe, or territory" for "or Indian tribe"
    wherever appearing and "and enforced by the court and law
    enforcement personnel of the other State, Indian tribal government
    or Territory as if it were" for "and enforced as if it were".
      Subsec. (b). Pub. L. 109-162, Sec. 106(a)(2), substituted "State,
    tribal, or territorial" for "State or tribal" in introductory
    provisions.
      Subsec. (b)(1). Pub. L. 109-162, Sec. 106(a)(1), substituted ",
    Indian tribe, or territory" for "or Indian tribe".
      Subsec. (b)(2). Pub. L. 109-162, Sec. 106(a)(2), substituted
    "State, tribal, or territorial" for "State or tribal".
      Subsec. (c). Pub. L. 109-162, Sec. 106(a)(2), substituted "State,
    tribal, or territorial" for "State or tribal" in introductory
    provisions.
      Subsec. (d)(1). Pub. L. 109-162, Sec. 106(a), substituted ",
    Indian tribe, or territory" for "or Indian tribe" in two places and
    "State, tribal, or territorial" for "State or tribal".
      Subsec. (d)(2). Pub. L. 109-162, Sec. 106(a)(2), substituted
    "State, tribal, or territorial" for "State or tribal".
      Subsec. (d)(3). Pub. L. 109-271, which directed amendment of
    section 106(c) of Pub. L. 109-162 by substituting "the
    registration, filing of a petition for, or issuance of a protection
    order, restraining order or injunction" for "the registration or
    filing of a protection order", was executed by making the
    substitution in par. (3), which was added by section 106(c) of Pub.
    L. 109-162, to reflect the probable intent of Congress.
      Pub. L. 109-162, Sec. 106(c), added par. (3).
      2000 - Subsecs. (d), (e). Pub. L. 106-386 added subsecs. (d) and
    (e).

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-



-CITE-
    18 USC Sec. 2265A                                           01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-
    Sec. 2265A. Repeat offenders

-STATUTE-
      (a) Maximum Term of Imprisonment. - The maximum term of
    imprisonment for a violation of this chapter after a prior domestic
    violence or stalking offense shall be twice the term otherwise
    provided under this chapter.
      (b) Definition. - For purposes of this section - 
        (1) the term "prior domestic violence or stalking offense"
      means a conviction for an offense - 
          (A) under section 2261, 2261A, or 2262 of this chapter; or
          (B) under State law for an offense consisting of conduct that
        would have been an offense under a section referred to in
        subparagraph (A) if the conduct had occurred within the special
        maritime and territorial jurisdiction of the United States, or
        in interstate or foreign commerce; and

        (2) the term "State" means a State of the United States, the
      District of Columbia, or any commonwealth, territory, or
      possession of the United States.

-SOURCE-
    (Added Pub. L. 109-162, title I, Sec. 115, Jan. 5, 2006, 119 Stat.
    2988.)

-End-



-CITE-
    18 USC Sec. 2266                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING

-HEAD-
    Sec. 2266. Definitions

-STATUTE-
      In this chapter:
        (1) Bodily injury. - The term "bodily injury" means any act,
      except one done in self-defense, that results in physical injury
      or sexual abuse.
        (2) Course of conduct. - The term "course of conduct" means a
      pattern of conduct composed of 2 or more acts, evidencing a
      continuity of purpose.
        (3) Enter or leave indian country. - The term "enter or leave
      Indian country" includes leaving the jurisdiction of 1 tribal
      government and entering the jurisdiction of another tribal
      government.
        (4) Indian country. - The term "Indian country" has the meaning
      stated in section 1151 of this title.
        (5) Protection order. - The term "protection order" includes - 
          (A) 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
          (B) 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.

        (6) Serious bodily injury. - The term "serious bodily injury"
      has the meaning stated in section 2119(2).
        (7) Spouse or intimate partner. - The term "spouse or intimate
      partner" includes - 
          (A) for purposes of - 
            (i) sections other than 2261A - 
              (I) 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
              (II) 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

            (ii) section 2261A - 
              (I) 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
              (II) 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)


          (B) 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.

        (8) State. - The term "State" includes a State of the United
      States, the District of Columbia, and a commonwealth, territory,
      or possession of the United States.
        (9) Travel in interstate or foreign commerce. - 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.
        (10) Dating partner. - 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 - 
          (A) the length of the relationship; and
          (B) the type of relationship; and
          (C) the frequency of interaction between the persons involved
        in the relationship.

-SOURCE-
    (Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994,
    108 Stat. 1931; amended Pub. L. 106-386, div. B, title I, Sec.
    1107(d), Oct. 28, 2000, 114 Stat. 1499; Pub. L. 109-162, title I,
    Secs. 106(d), 116(b), Jan. 5, 2006, 119 Stat. 2982, 2988; Pub. L.
    109-271, Sec. 2(c), (i), Aug. 12, 2006, 120 Stat. 752.)


-MISC1-
                                AMENDMENTS                            
      2006 - Par. (5). Pub. L. 109-162, Sec. 106(d)(1), added par. (5)
    and struck out heading and text of former par. (5). Text read as
    follows: "The term 'protection order' includes any injunction or
    other order issued for the purpose of preventing violent or
    threatening acts or harassment against, or contact or communication
    with or physical proximity to, another person, including any
    temporary or final order issued by a civil and criminal court
    (other than a support or child custody order issued pursuant to
    State divorce and child custody laws, except to the extent that
    such an order is entitled to full faith and credit under other
    Federal law) whether obtained by filing an independent action or as
    a pendente lite order in another proceeding so long as any civil
    order was issued in response to a complaint, petition, or motion
    filed by or on behalf of a person seeking protection."
      Par. (7)(A). Pub. L. 109-162, Sec. 106(d)(2), which directed
    amendment of cls. (i) and (ii) by substituting "2261A - 
        "(I) 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
        "(II) 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"
    for "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", was executed only to
    cl. (i) to reflect the probable intent of Congress because the
    quoted language to be deleted does not appear in cl. (ii).
      Par. (7)(A)(ii). Pub. L. 109-271, Sec. 2(c), added cl. (ii) and
    struck out former cl. (ii) which read as follows: "section 2261A, 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; and".
      Par. (10). Pub. L. 109-271, Sec. 2(i), substituted ". The
    existence of such a relationship is" for "and the existence of such
    a relationship" in introductory provisions.
      Pub. L. 109-162, Sec. 116(b), added par. (10).
      2000 - Pub. L. 106-386 reenacted section catchline without change
    and amended text generally. Prior to amendment, text defined
    "bodily injury", "Indian country", "protection order", "spouse or
    intimate partner", "State", and "travel across State lines".

-FOOTNOTE-               

    (!1) So in original. The period probably should be "; and".


-End-