I

103D CONGRESS

1ST SESSION H. R. 740

To amend title 18, United States Code, to provide Federal penalties for

stalking.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1993

Mr. ROYCE introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To amend title 18, United States Code, to provide Federal

penalties for 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 ‘‘Federal Anti-Stalker

5 Act of 1993’’.

6 SEC. 2. TITLE 18 AMENDMENT.

7 (a) OFFENSE.—Chapter 41 of title 18, United States

8 Code, is amended by adding at the end the following:
2

•HR 740 IH

1 ‘‘§ 880. Stalking

2 ‘‘(a) Whoever, in a circumstance described in sub3 section (c) of this section willfully and maliciously—

4 ‘‘(1) repeatedly follows or harasses another per5 son; and

6 ‘‘(2) makes a credible threat with the intent to

7 place that person in reasonable fear of the death or

8 serious bodily injury of that person or a member of

9 that person’s immediate family;

10 shall be punished as provided in subsection (b) of this

11 section.

12 ‘‘(b) The punishment for an offense under subsection

13 (a) of this section is—

14 ‘‘(1) a fine under this title or imprisonment for

15 not more than one year, or both, in the case of a

16 first conviction under such subsection or a second or

17 subsequent conviction not described in paragraph

18 (2)(B); and

19 ‘‘(2) a fine under this title or imprisonment for

20 not more than three years, or both, if the offense—

21 ‘‘(A) violated a restraining order or other

22 court order in effect prohibiting the behavior; or

23 ‘‘(B) is a second or subsequent conviction

24 under this section and is against the same vic25 tim as a prior offense under this section.
3

•HR 740 IH

1 ‘‘(c) The circumstance referred to in subsection (a)

2 of this section is—

3 ‘‘(1) that the offender crossed the border of a

4 State during or for the purposes of the commission

5 of the offense;

6 ‘‘(2) that the offender in the course of the of7 fense used the United States mail or a facility in, or

8 instrumentality of interstate commerce, or

9 ‘‘(3) the offense occurred in the special mari10 time and territorial jurisdiction of the United States.

11 ‘‘(d) For the purposes of this section—

12 ‘‘(1) one harasses a person if—

13 ‘‘(A) one knowingly engages in a course of

14 conduct directed specifically at that person;

15 ‘‘(B) that conduct seriously alarms, an16 noys, or harasses that person but serves no

17 legitimate purpose; and

18 ‘‘(C) the course of conduct is such as

19 would cause a reasonable person to suffer sub20 stantial emotional distress and does in fact

21 cause substantial emotional distress to the per22 son against whom it is directed;

23 ‘‘(2) the term ‘course of conduct’ means a pat24 tern or conduct composed of a series of acts over a
4

•HR 740 IH

1 period of time, however short, evidencing a continu2 ity of purpose; and

3 ‘‘(3) the term ‘credible threat’ means a threat

4 made with the intent and apparent ability to carry

5 out the threat so as to cause the person who is the

6 target of the threat a reasonable fear for that per7 son’s safety.

8 ‘‘(e) This section does not prohibit activity protected

9 by the Constitution.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 41 of title 18, United States

12 Code, is amended by adding at the end the following:

‘‘880. Stalking.’’.

Æ