II 

117TH CONGRESS 

2D SESSION S. 4628 

To improve certain criminal provisions. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2022 

Mr. GRASSLEY (for himself, Mr. GRAHAM, Mr. CORNYN, Mr. LEE, Mr. CRUZ, 

Mr. SASSE, Mr. HAWLEY, Mr. COTTON, Mr. KENNEDY, Mr. TILLIS, Mrs. 

BLACKBURN, Mrs. CAPITO, Mr. CASSIDY, Ms. COLLINS, Mr. CRAMER, 

Mr. CRAPO, Mrs. FISCHER, Mr. HAGERTY, Mr. INHOFE, Mr. LANKFORD, 

Mr. MCCONNELL, Mr. RISCH, Mr. RUBIO, Mr. SCOTT of South Carolina, 

and Mr. THUNE) introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To improve certain criminal provisions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combating Violent and 

5 Dangerous Crime Act’’. 

6 SEC. 2. BANK ROBBERY AND RELATED CRIMES. 

7 Section 2113 of title 18, United States Code, is 

8 amended— 

9 (1) in subsection (a)— 


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1 (A) by striking ‘‘, or attempts to take,’’; 

2 (B) by striking ‘‘or attempts to obtain’’; 

3 and 

4 (C) by inserting before ‘‘; or’’ the fol5 lowing: ‘‘, or attempts to do so’’; 

6 (2) by redesignating subsections (f), (g), and 

7 (h) as subsections (g), (h), and (i), respectively; and 

8 (3) by inserting after subsection (e) the fol9 lowing: 

10 ‘‘(f) Whoever conspires to commit any offense under 

11 this section shall be subject to the same penalties as those 

12 prescribed for the offense the commission of which was 

13 the object of the conspiracy.’’. 

14 SEC. 3. HOMICIDE OFFENSES. 

15 (a) IN GENERAL.—Chapter 51 of title 18, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 1123. No maximum time period between act or 

19 omission and death of victim 

20 ‘‘A prosecution may be instituted for any homicide 

21 offense under the laws of the United States without regard 

22 to the time that elapsed between— 

23 ‘‘(1) the act or omission that caused the death 

24 of the victim; and 

25 ‘‘(2) the death of the victim.’’. 


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1 (b) TABLE OF CONTENTS.—The table of sections for 

2 chapter 51 of title 18, United States Code, is amended 

3 by adding at the end the following: 

‘‘1123. No maximum time period between act or omission and death of victim.’’. 

4 SEC. 4. PROTECTION OF OFFICERS AND EMPLOYEES OF 

5 THE UNITED STATES. 

6 (a) FINDINGS.— Congress finds the following: 

7 (1) Officers and employees of the United States 

8 Government dutifully and faithfully serve the United 

9 States, often placing themselves at serious risk of 

10 death or bodily harm, in order to preserve, protect, 

11 and defend the interests of the United States. 

12 (2) In prohibiting the assaulting, resisting, or 

13 impeding of officers and employees of the United 

14 States Government, Congress intended to maximize 

15 protection for Federal officers and employees and 

16 ensure that individuals who kill or assault Federal 

17 officers or employees are prosecuted. 

18 (3) The United States Court of Appeals for the 

19 Sixth Circuit analyzed section 111 of title 18, 

20 United States Code, correctly when it found, ‘‘Cat21 egorizing § 111(a)(1) as a general intent crime fur22 thers the congressional objective: ‘If a person acts in 

23 a manner which is assaultive toward a federal offi24 cial, without specifically intending harm or the ap25 prehension of imminent harm, the official still would 


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1 be impeded in the performance of his official du2 ties.’ ’’ United States v. Kimes, 246 F.3d 800, 809 

3 (6th Cir. 2001), quoting United States v. Jennings, 

4 855 F. Supp. 1427, 1440 (M.D. Pa. 1994). 

5 (4) Federal courts, including the United States 

6 Courts of Appeals for the Second, Fourth, Sixth, 

7 Seventh, Eighth, Ninth, and Eleventh Circuits, have 

8 correctly interpreted section 111 of title 18, United 

9 States Code, to be a crime of general intent rather 

10 than a crime of specific intent. 

11 (5) Other Federal courts, including the United 

12 States Courts of Appeals for the First, Fifth, and 

13 Tenth Circuits, have issued decisions with language 

14 arguably suggesting that section 111 of title 18, 

15 United States Code, is a crime of specific intent 

16 rather than a crime of general intent, creating the 

17 appearance of a split among the United States 

18 courts of appeals. 

19 (6) In light of the appearance of a split among 

20 the United States courts of appeals described in 

21 paragraph (5), it has become necessary for Congress 

22 to clarify its original intent that section 111 of title 

23 18, United States Code, is a crime of general intent. 


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1 (b) AMENDMENT.—Section 111 of title 18, United 

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘(d) KNOWLEDGE OF DEFENDANT.—In a prosecu5 tion for an offense under subsection (a), the Government 

6 need not prove that the defendant— 

7 ‘‘(1) knew that the victim of the offense was a 

8 person designated in section 1114 or performed offi9 cial duties during service as a person so designated; 

10 or 

11 ‘‘(2) acted with any intent greater than knowl12 edge.’’. 

13 SEC. 5. MOTOR VEHICLES. 

14 Section 2119 of title 18, United States Code, is 

15 amended— 

16 (1) in the matter preceding paragraph (1)— 

17 (A) by striking ‘‘, with the intent to cause 

18 death or serious bodily harm’’; 

19 (B) by inserting a comma after ‘‘force and 

20 violence’’; and 

21 (C) by inserting ‘‘or conspires’’ after ‘‘at22 tempts’’; 

23 (2) in paragraph (1), by striking ‘‘15 years’’ 

24 and inserting ‘‘20 years’’; 


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1 (3) by redesignating paragraphs (2) and (3) as 

2 paragraphs (3) and (4), respectively; 

3 (4) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) if a dangerous weapon or device is used in 

6 committing, or in attempting to commit, the offense, 

7 be fined under this title or imprisoned not more 

8 than 25 years, or both,’’; and 

9 (5) in paragraph (3), as so redesignated, by 

10 striking ‘‘25 years’’ and inserting ‘‘40 years’’. 

11 SEC. 6. PENALTIES FOR FIREARMS OFFENSES. 

12 Section 924(c)(3)(B) is amended to read as follows: 

13 ‘‘(B) is a conspiracy, or an attempt, to commit 

14 an offense that has as an element the use, attempted 

15 use, or threatened use of physical force against the 

16 person or property of another.’’. 

17 SEC. 7. OFFENSES INVOLVING CANDY-FLAVORED CON18 TROLLED SUBSTANCES MANUFACTURED OR 

19 DISTRIBUTED FOR MINORS. 

20 (a) IN GENERAL.—Part D of the Controlled Sub21 stances Act (21 U.S.C. 841 et seq.) is amended by insert22 ing after section 418 the following: 

23 ‘‘MANUFACTURING OR DISTRIBUTING CANDY-FLAVORED

24 CONTROLLED SUBSTANCES FOR MINORS

25 ‘‘SEC. 418a. (a) Except as provided in subsection (c) 

26 and in section 418, 419, or 420, a person shall be subject 


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1 to the penalty described in subsection (b) if the person 

2 violates section 401(a)(1)— 

3 ‘‘(1) by manufacturing, creating, distributing, 

4 dispensing, or possessing with intent to distribute a 

5 controlled substance listed in schedule I or II that 

6 is— 

7 ‘‘(A) combined with a candy or beverage 

8 product; 

9 ‘‘(B) marketed or packaged to appear simi10 lar to a candy or beverage product; or 

11 ‘‘(C) modified by flavoring or coloring to 

12 appear similar to a candy or beverage product; 

13 and 

14 ‘‘(2) knowing, or having reasonable cause to be15 lieve, that the controlled substance will be distrib16 uted, dispensed, or sold to a person under 18 years 

17 of age. 

18 ‘‘(b) The penalty described in this subsection is— 

19 ‘‘(1) in the case of a first offense involving the 

20 same controlled substance and schedule, an addi21 tional term of imprisonment of not more than 10 

22 years; and 

23 ‘‘(2) in the case of a second or subsequent of24 fense involving the same controlled substance and 


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1 schedule, an additional term of imprisonment of not 

2 more than 20 years. 

3 ‘‘(c) Subsection (a) shall not apply to any controlled 

4 substance that— 

5 ‘‘(1) has been approved by the Secretary under 

6 section 505 of the Federal Food, Drug, and Cos7 metic Act (21 U.S.C. 355), if the contents, mar8 keting, and packaging of the controlled substance 

9 have not been altered from the form approved by the 

10 Secretary; or 

11 ‘‘(2) has been altered at the direction of a prac12 titioner who is acting for a legitimate medical pur13 pose in the usual course of professional practice.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

15 The table of contents for the Comprehensive Drug Abuse 

16 Prevention and Control Act of 1970 (Public Law 91–513; 

17 84 Stat. 1236) is amended by inserting after the item re18 lating to section 418 the following: 

‘‘Sec. 418a. Manufacturing or distributing candy-flavored controlled substances 

for minors.’’. 

19 (c) SENTENCING GUIDELINES.—Pursuant to its au20 thority under section 994 of title 28, United States Code, 

21 and in accordance with this section, the United States 

22 Sentencing Commission shall amend and review the Fed23 eral sentencing guidelines and policy statements to ensure 

24 that the guidelines provide for a penalty enhancement of 


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1 not less than 2 offense levels for a violation of section 

2 401(a) of the Controlled Substances Act (21 U.S.C. 

3 841(a)) if the defendant— 

4 (1) manufactures, creates, distributes, dis5 penses, or possesses with intent to distribute a con6 trolled substance listed in schedule I or II that is— 

7 (A) combined with a candy or beverage 

8 product; 

9 (B) marketed or packaged to appear simi10 lar to a candy or beverage product; or 

11 (C) modified by flavoring or coloring to ap12 pear similar to a candy or beverage product; 

13 and 

14 (2) knows, or has reasonable cause to believe, 

15 that the controlled substance will be distributed, dis16 pensed, or sold to a person under 18 years of age. 

17 SEC. 8. KIDNAPPING. 

18 Section 1201 of title 18, United States Code, is 

19 amended— 

20 (1) by striking subsection (a) and inserting the 

21 following: 

22 ‘‘(a) KIDNAPPING.— 

23 ‘‘(1) OFFENSE.—Except as provided in para24 graph (2), it shall be unlawful for any person, in any 

25 circumstance described in paragraph (3), to— 


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1 ‘‘(A) unlawfully— 

2 ‘‘(i) seize, confine, kidnap, abduct, or 

3 carry away an individual by— 

4 ‘‘(I) force and violence; or 

5 ‘‘(II) intimidation; or 

6 ‘‘(ii) inveigle or decoy an individual; 

7 and 

8 ‘‘(B) hold the individual described in sub9 paragraph (A) for ransom, reward, or other10 wise. 

11 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

12 apply to an act done against a minor by the parent 

13 thereof. 

14 ‘‘(3) CIRCUMSTANCES.—A circumstance de15 scribed in this paragraph is that— 

16 ‘‘(A) the individual is willfully transported 

17 in interstate or foreign commerce, regardless of 

18 whether the individual was alive when trans19 ported across a State boundary, or the offender 

20 travels in interstate or foreign commerce or 

21 uses the mail or any means, facility, or instru22 mentality of interstate or foreign commerce in 

23 committing or in furtherance of the commission 

24 of the offense; 


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1 ‘‘(B) any such act against the individual is 

2 done within the special maritime and territorial 

3 jurisdiction of the United States; 

4 ‘‘(C) any such act against the individual is 

5 done within the special aircraft jurisdiction of 

6 the United States as defined in section 46501 

7 of title 49; 

8 ‘‘(D) the individual is a foreign official, an 

9 internationally protected person, or an official 

10 guest as those terms are defined in section 

11 1116(b) of this title; or 

12 ‘‘(E) the individual is among those officers 

13 and employees described in section 1114 of this 

14 title and any such act against the individual is 

15 done while the individual is engaged in, or on 

16 account of, the performance of official duties. 

17 ‘‘(4) PENALTY.—Any person who commits a 

18 violation under this subsection shall be punished by 

19 imprisonment for any term of years or for life and, 

20 if the death of any individual results, shall be pun21 ished by death or life imprisonment.’’; 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘subsection (a)(1), above,’’ 

24 and inserting ‘‘subsection (a)(3)(A)’’; 


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1 (B) by striking ‘‘he’’ and inserting ‘‘the 

2 victim’’; and 

3 (C) by striking ‘‘under this section’’ and 

4 inserting ‘‘under this subsection’’; and 

5 (3) in subsection (f), by striking ‘‘subsection 

6 (a)(4)’’ each place it appears and inserting ‘‘sub7 section (a) with respect to a circumstance described 

8 in paragraph (3)(D) of that subsection’’. 

Æ 


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