II 

112TH CONGRESS 

1ST SESSION S. 224 

To amend title 18, United States Code, with respect to the offense of stalking. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2011 

Ms. KLOBUCHAR (for herself, Mrs. HUTCHISON, Mr. KOHL, and Mr. 

CHAMBLISS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, with respect to 

the offense of stalking. 

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 ‘‘Stalkers Act of 2011’’. 

5 SEC. 2. STALKING. 

6 (a) IN GENERAL.—Section 2261A of title 18, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 2261A. Stalking 

9 ‘‘(a) IN GENERAL.—It shall be unlawful for any per10 son, with the intent to kill, physically injure, harass, inVerDate Mar 15 2010 06:40 Feb 01, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S224.IS S224

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1 timidate, or place under surveillance with the intent to kill, 

2 physically injure, harass, or intimidate another person, 

3 to— 

4 ‘‘(1) travel in interstate or foreign commerce or 

5 within the special maritime and territorial jurisdic6 tion of the United States, or enter or leave Indian 

7 country; and 

8 ‘‘(2) in the course of, or as a result of, the trav9 el, entering, or leaving described in paragraph (1)— 

10 ‘‘(A) cause or attempt to cause bodily in11 jury or serious emotional distress to another 

12 person; or 

13 ‘‘(B) engage in conduct that would be rea14 sonably expected to cause another person seri15 ous emotional distress. 

16 ‘‘(b) COURSE OF CONDUCT.—It shall be unlawful for 

17 any person, with intent to kill, physically injure, harass, 

18 or intimidate another person, to engage in a course of con19 duct— 

20 ‘‘(1) that uses the mail, any interactive com21 puter service, or any other facility of interstate or 

22 foreign commerce; and 

23 ‘‘(2) that— 


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1 ‘‘(A) causes or attempts to cause bodily in2 jury or significant emotional distress to another 

3 person; or 

4 ‘‘(B) occurs in circumstances where the 

5 conduct would be reasonably expected to cause 

6 another person significant emotional distress. 

7 ‘‘(c) PENALTIES.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), any person who violates subsection (a) or 

10 (b) shall be punished as provided for an offense 

11 under section 2261. 

12 ‘‘(2) EXCEPTION.—The otherwise applicable 

13 maximum term of imprisonment for a violation of 

14 subsection (a) or (b) shall be increased by 5 years 

15 if— 

16 ‘‘(A) the offense involves conduct in viola17 tion of a protection order; and 

18 ‘‘(B) the victim of the offense is under the 

19 age of 18 years or over the age of 65 years, the 

20 offender has reached the age of 18 years, and 

21 the offender knew or should have known that 

22 the victim was under the age of 18 years or 

23 over the age of 65 years.’’. 

24 (b) CLERICAL AMENDMENT.—The item relating to 

25 section 2261A in the table of sections for chapter 110A 


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1 of title 18, United States Code, is amended to read as 

2 follows: 

‘‘2261A. Stalking.’’. 

3 SEC. 3. BEST PRACTICES REGARDING ENFORCEMENT OF 

4 ANTI-STALKING LAWS TO BE INCLUDED IN 

5 ANNUAL REPORT OF THE ATTORNEY GEN6 ERAL. 

7 Section 529(a) of title 28, United States Code, is 

8 amended in the matter following paragraph (4) by insert9 ing after ‘‘such unit’’ the following: ‘‘and an evaluation 

10 of the efforts of the Federal Government and tribal, State, 

11 and local governments to enforce laws relating to stalking 

12 (including a description of those elements of the efforts 

13 that constitute the best practices for the enforcement of 

14 laws relating to stalking)’’. 

Æ 


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