IIB 

111TH CONGRESS 

2D SESSION H. R. 5662 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2010 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Simplifying The Am3 biguous Law, Keeping Everyone Reliably Safe Act of 

4 2010’’ or the ‘‘STALKERS Act of 2010’’. 

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) Whoever, with intent to kill, physically injure, 

10 harass, or intimidate a person, or place under surveillance 

11 with the intent to kill, physically injure, harass, or intimi12 date a person, travels in interstate or foreign commerce 

13 or within the special maritime and territorial jurisdiction 

14 of the United States, or enters or leaves Indian country, 

15 and in the course of, or as a result of, such travel— 

16 ‘‘(1) causes or attempts to cause bodily injury 

17 or serious emotional distress to a person other than 

18 the person engaging in the conduct; or 

19 ‘‘(2) engages in conduct that would be reason20 ably expected to cause the other person serious emo21 tional distress; 

22 shall be punished as provided in subsection (c). 

23 ‘‘(b) Whoever, with intent to kill, physically injure, 

24 harass, or intimidate a person, engages in a course of con25 duct in or substantially affecting interstate or foreign com26 merce that— 


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HR 5662 RFS

1 ‘‘(1) causes or attempts to cause bodily injury 

2 or serious emotional distress to a person other than 

3 the person engaging in the conduct; or 

4 ‘‘(2) occurs in circumstances where the conduct 

5 would be reasonably expected to cause the other per6 son serious emotional distress; 

7 shall be punished as provided in subsection (c). 

8 ‘‘(c) The punishment for an offense under this section 

9 is the same as that for an offense under section 2261, 

10 except that— 

11 ‘‘(1) if the offense involves conduct in violation 

12 of a protection order; and 

13 ‘‘(2) if the victim of the offense is under the 

14 age of 18 years or over the age of 65 years, the of15 fender has reached the age of 18 years at the time 

16 the offense was committed, and the offender knew or 

17 should have known that the victim was under the 

18 age of 18 years or over the age of 65 years; 

19 the maximum term of imprisonment that may be imposed 

20 is increased by 5 years over the term of imprisonment oth21 erwise provided for that offense in section 2261.’’. 

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

23 section 2261A in the table of sections at the beginning 

24 of chapter 110A of title 18, United States Code, is amend25 ed to read as follows: 

‘‘2261A. Stalking.’’. 


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HR 5662 RFS

1 SEC. 3. BEST PRACTICES REGARDING ENFORCEMENT OF 

2 ANTI-STALKING LAWS TO BE INCLUDED IN 

3 ANNUAL REPORT OF THE ATTORNEY GEN4 ERAL. 

5 In the annual report under section 529 of title 28, 

6 United States Code, the Attorney General shall— 

7 (1) include an evaluation of Federal, tribal, 

8 State, and local efforts to enforce laws relating to 

9 stalking; and 

10 (2) identify and describe those elements of such 

11 efforts that constitute the best practices for the en12 forcement of such laws. 

13 SEC. 4. PAYGO COMPLIANCE. 

14 The budgetary effects of this Act, for the purpose of 

15 complying with the Statutory Pay-As-You-Go Act of 2010, 

16 shall be determined by reference to the latest statement 

17 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

18 Act, submitted for printing in the Congressional Record 

19 by the Chairman of the House Budget Committee, pro20 vided that such statement has been submitted prior to the 

21 vote on passage. 

Passed the House of Representatives July 27, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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