A bill to amend chapter 41 of title 18, United States Code, to punish stalking.

Summary: Amends the Federal criminal code to establish penalties with respect to a person who:  (1) in the special maritime and territorial jurisdiction of the United States, in the course of interstate travel, or by the use of an instrument of interstate or foreign commerce, harasses or makes a credible threat against another person; (2) under a protection order engages in such conduct; and (3) with a prior stalking conviction engages in such conduct. 
Prohibits an offense within the jurisdiction of a State from being prosecuted by the United States under such provisions unless the Attorney General (or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions) makes a written determination that the offender will not be expeditiously or effectively prosecuted under State law. 
Requires as a condition of probation granted to an offender under such provisions that the offender participate in counseling, unless the court finds that counseling is not necessary. 
Requires a court to consider issuing an order enjoining an offender from any contact with the victim for a period of up to ten years.

SECTION 1. STALKING.

    (a) Offense.--Chapter 41 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 880. Stalking
    ``(a) Definitions.--In this section--
            `` `course of conduct' means a pattern of conduct composed 
        of a series of acts over a period of time (regardless of length 
        of time) evidencing a continuity of purpose.
            `` `credible threat' means a threat to cause great bodily 
        injury or death to a person made with the intent to place the 
        person in reasonable fear of great bodily injury or death to 
        himself or herself or a member of his or her family and with 
        the apparent ability to carry out the threat.
            `` `harass' means to engage in a knowing and willful course 
        of conduct that--
                    ``(A) is directed at a particular person;
                    ``(B) seriously alarms, disturbs, harasses, or 
                terrorizes the person;
                    ``(C) serves no legitimate purpose;
                    ``(D) would cause a reasonable person to suffer 
                substantial emotional distress; and
                    ``(E) in fact causes substantial emotional distress 
                to the person.
            `` `prior conviction' means--
                    ``(A) a conviction under this section; and
                    ``(B) a conviction under State law prohibiting 
                conduct that is prohibited by this section.
            `` `protection order' means an order of any court that--
                    ``(A) restrains a person from engaging in conduct 
                prohibited by this section; or
                    ``(B) restrains a person from intentionally coming 
                into unsolicited contact, directly or indirectly, with 
                a person protected under this section.
            `` `State' means a State, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, the Virgin Islands, and any 
        other territory or possession of the United States.
    ``(b) Offenses.--(1) A person who, in the special maritime and 
territorial jurisdiction of the United States, in the course of 
interstate travel, or by the use of an instrument of interstate or 
foreign commerce, harasses or makes a credible threat against another 
person shall be imprisoned not more than 2 years, fined not more than 
$5,000, or both.
    ``(2) A person who is under a protection order who, in the special 
maritime and territorial jurisdiction of the United States, in the 
course of interstate travel, or by the use of an instrument of 
interstate or foreign commerce, harasses or makes a credible threat 
against another person shall be imprisoned not less than 2 years nor 
more than 4 years, fined not less than $5,000 nor more than $100,000, 
or both.
    ``(3) A person with a prior stalking conviction who, in the special 
maritime and territorial jurisdiction of the United States, in the 
course of interstate travel, or by the use of an instrument of 
interstate or foreign commerce, harasses or makes a credible threat 
against another person shall be imprisoned not less than 5 years nor 
more than 10 years, fined not less than $25,000 nor more than $200,000, 
or both.
    ``(c) Rule of Construction.--For the purposes of subsection (b), a 
person shall be considered to engage in conduct in the course of 
interstate or foreign travel if--
            ``(1) the person travels from 1 State to another or from a 
        foreign country to a State with the intention of engaging in 
        that conduct; and
            ``(2) the person engages in the conduct within 30 days 
        after entering the State in which the conduct occurs.
    ``(d) Prosecutorial Discretion.--An offense under subsection (b) 
that is also an offense within the jurisdiction of a State shall not be 
prosecuted by the United States under this section unless the Attorney 
General (or the highest ranking subordinate of the Attorney General 
with responsibility for criminal prosecutions) makes a written 
determination that, in the judgment of the official who makes the 
determination, the offender will not be expeditiously or effectively 
prosecuted under State law.''.
    ``(e) Counseling.--If probation is granted to an offender under 
this section, it shall be a condition of probation that the offender 
participate in counseling, unless the court, upon a showing of good 
cause, finds that counseling is not necessary.
    ``(f) Injunction.--
            ``(1) In general.--A court shall consider issuing an order 
        enjoining an offender under this section from any contact with 
        the victim for a period of up to 10 years.
            ``(2) Duration.--(A) The duration of an injunction under 
        this subsection shall be determined in light of--
                    ``(i) the seriousness of the facts before the 
                court;
                    ``(ii) the likelihood that the offender will 
                violate this section again; and
                    ``(iii) the safety of the victim and the victim's 
                immediate family.
            ``(B) The duration of an injunction under this subsection 
        may be longer than 5 years only in an extreme case in which a 
        longer duration is necessary to protect the safety of the 
        victim or the victim's immediate family.''.
    (b) Technical Amendment.--The chapter analysis for chapter 41, 
United States Code, is amended by adding at the end the following new 
item:

``880. Stalking.''.