II 

111TH CONGRESS 

2D SESSION S. 3651 

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

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2010 

Ms. KLOBUCHAR 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 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) IN GENERAL.—It shall be unlawful for any per10 son, with the intent to kill, physically injure, harass, inVerDate Mar 15 2010 00:55 Jul 28, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3651.IS S3651

tjames on DSKG8SOYB1PROD with BILLS
2 

•S 3651 IS

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

2 physically injure, harass, or intimidate a person, to— 

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

4 within the special maritime and territorial jurisdic5 tion of the United States, or enter or leave Indian 

6 country; and 

7 ‘‘(2) in the course of, or as a result of, the trav8 el, entering, or leaving described in paragraph (1)— 

9 ‘‘(A) cause or attempt to cause bodily in10 jury or serious emotional distress to a person 

11 other than the person engaging in the conduct; 

12 or 

13 ‘‘(B) engage in conduct that would be rea14 sonably expected to cause the other 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 a person, to engage in a course of conduct— 

19 ‘‘(1) that is in or substantially affecting inter20 state or foreign commerce; and 

21 ‘‘(2) that— 

22 ‘‘(A) causes or attempts to cause bodily in23 jury or serious emotional distress to a person 

24 other than the person engaging in the conduct; 

25 or 


tjames on DSKG8SOYB1PROD with BILLS
3 

•S 3651 IS

1 ‘‘(B) occurs in circumstances where the 

2 conduct would be reasonably expected to cause 

3 the other person serious emotional distress. 

4 ‘‘(c) PENALTIES.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), any person who violates subsection (a) or 

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

8 under section 2261. 

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

10 maximum term of imprisonment for a violation of 

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

12 if— 

13 ‘‘(A) the offense involves conduct in viola14 tion of a protection order; and 

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

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

17 offender has reached the age of 18 years, and 

18 the offender knew or should have known that 

19 the victim was under the age of 18 years or 

20 over the age of 65 years.’’. 

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

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

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

24 follows: 

‘‘2261A. Stalking.’’. 


tjames on DSKG8SOYB1PROD with BILLS
4 

•S 3651 IS

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 the 

11 efforts that constitute the best practices for the en12 forcement of laws relating to stalking. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS