I 
117TH CONGRESS 
2D SESSION 
H. R. 8870 
To improve certain criminal provisions. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2022 
Mr. TIFFANY (for himself, Mr. BUCK, Mr. CHABOT, Mr. FITZGERALD, Mr. 
GOODEN of Texas, Mrs. MILLER of Illinois, Ms. SALAZAR, and Mr. 
MOOLENAAR) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To improve certain criminal provisions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Combating Violent and 
Dangerous Crime Act’’. 
SEC. 2. BANK ROBBERY AND RELATED CRIMES. 
Section 2113 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
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(A) by striking ‘‘, or attempts to take,’’; 
(B) by striking ‘‘or attempts to obtain’’; 
and 
(C) by inserting before ‘‘; or’’ the fol-
lowing: ‘‘, or attempts to do so’’; 
(2) by redesignating subsections (f), (g), and 
(h) as subsections (g), (h), and (i), respectively; and 
(3) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) Whoever conspires to commit any offense under 
this section shall be subject to the same penalties as those 
prescribed for the offense the commission of which was 
the object of the conspiracy.’’. 
SEC. 3. HOMICIDE OFFENSES. 
(a) IN GENERAL.—Chapter 51 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1123. No maximum time period between act or 
omission and death of victim 
‘‘A prosecution may be instituted for any homicide 
offense under the laws of the United States without regard 
to the time that elapsed between— 
‘‘(1) the act or omission that caused the death 
of the victim; and 
‘‘(2) the death of the victim.’’. 
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(b) TABLE OF CONTENTS.—The table of sections for 
chapter 51 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1123. No maximum time period between act or omission and death of victim.’’. 
SEC. 4. PROTECTION OF OFFICERS AND EMPLOYEES OF 
THE UNITED STATES. 
(a) FINDINGS.— Congress finds the following: 
(1) Officers and employees of the United States 
Government dutifully and faithfully serve the United 
States, often placing themselves at serious risk of 
death or bodily harm, in order to preserve, protect, 
and defend the interests of the United States. 
(2) In prohibiting the assaulting, resisting, or 
impeding of officers and employees of the United 
States Government, Congress intended to maximize 
protection for Federal officers and employees and 
ensure that individuals who kill or assault Federal 
officers or employees are prosecuted. 
(3) The United States Court of Appeals for the 
Sixth Circuit analyzed section 111 of title 18, 
United States Code, correctly when it found, ‘‘Cat-
egorizing § 111(a)(1) as a general intent crime fur-
thers the congressional objective: ‘If a person acts in 
a manner which is assaultive toward a federal offi-
cial, without specifically intending harm or the ap-
prehension of imminent harm, the official still would 
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be impeded in the performance of his official du-
ties.’ ’’ United States v. Kimes, 246 F.3d 800, 809 
(6th Cir. 2001), quoting United States v. Jennings, 
855 F. Supp. 1427, 1440 (M.D. Pa. 1994). 
(4) Federal courts, including the United States 
Courts of Appeals for the Second, Fourth, Sixth, 
Seventh, Eighth, Ninth, and Eleventh Circuits, have 
correctly interpreted section 111 of title 18, United 
States Code, to be a crime of general intent rather 
than a crime of specific intent. 
(5) Other Federal courts, including the United 
States Courts of Appeals for the First, Fifth, and 
Tenth Circuits, have issued decisions with language 
arguably suggesting that section 111 of title 18, 
United States Code, is a crime of specific intent 
rather than a crime of general intent, creating the 
appearance of a split among the United States 
courts of appeals. 
(6) In light of the appearance of a split among 
the United States courts of appeals described in 
paragraph (5), it has become necessary for Congress 
to clarify its original intent that section 111 of title 
18, United States Code, is a crime of general intent. 
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(b) AMENDMENT.—Section 111 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d) KNOWLEDGE OF DEFENDANT.—In a prosecu-
tion for an offense under subsection (a), the Government 
need not prove that the defendant— 
‘‘(1) knew that the victim of the offense was a 
person designated in section 1114 or performed offi-
cial duties during service as a person so designated; 
or 
‘‘(2) acted with any intent greater than knowl-
edge.’’. 
SEC. 5. MOTOR VEHICLES. 
Section 2119 of title 18, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘, with the intent to cause 
death or serious bodily harm’’; 
(B) by inserting a comma after ‘‘force and 
violence’’; and 
(C) by inserting ‘‘or conspires’’ after ‘‘at-
tempts’’; 
(2) in paragraph (1), by striking ‘‘15 years’’ 
and inserting ‘‘20 years’’; 
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(3) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; 
(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) if a dangerous weapon or device is used in 
committing, or in attempting to commit, the offense, 
be fined under this title or imprisoned not more 
than 25 years, or both,’’; and 
(5) in paragraph (3), as so redesignated, by 
striking ‘‘25 years’’ and inserting ‘‘40 years’’. 
SEC. 6. PENALTIES FOR FIREARMS OFFENSES. 
Section 924(c)(3)(B) is amended to read as follows: 
‘‘(B) is a conspiracy, or an attempt, to commit 
an offense that has as an element the use, attempted 
use, or threatened use of physical force against the 
person or property of another.’’. 
SEC. 7. OFFENSES INVOLVING CANDY-FLAVORED CON-
TROLLED SUBSTANCES MANUFACTURED OR 
DISTRIBUTED FOR MINORS. 
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 841 et seq.) is amended by insert-
ing after section 418 the following: 
‘‘MANUFACTURING OR DISTRIBUTING CANDY-FLAVORED 
CONTROLLED SUBSTANCES FOR MINORS 
‘‘SEC. 418a. (a) Except as provided in subsection (c) 
and in section 418, 419, or 420, a person shall be subject 
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schedule, an additional term of imprisonment of not 
more than 20 years. 
‘‘(c) Subsection (a) shall not apply to any controlled 
substance that— 
‘‘(1) has been approved by the Secretary under 
section 505 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 355), if the contents, mar-
keting, and packaging of the controlled substance 
have not been altered from the form approved by the 
Secretary; or 
‘‘(2) has been altered at the direction of a prac-
titioner who is acting for a legitimate medical pur-
pose in the usual course of professional practice.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (Public Law 91–513; 
84 Stat. 1236) is amended by inserting after the item re-
lating to section 418 the following: 
‘‘Sec. 418a. Manufacturing or distributing candy-flavored controlled substances 
for minors.’’. 
(c) SENTENCING GUIDELINES.—Pursuant to its au-
thority under section 994 of title 28, United States Code, 
and in accordance with this section, the United States 
Sentencing Commission shall amend and review the Fed-
eral sentencing guidelines and policy statements to ensure 
that the guidelines provide for a penalty enhancement of 
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not less than 2 offense levels for a violation of section 
401(a) of the Controlled Substances Act (21 U.S.C. 
841(a)) if the defendant— 
(1) manufactures, creates, distributes, dis-
penses, or possesses with intent to distribute a con-
trolled substance listed in schedule I or II that is— 
(A) combined with a candy or beverage 
product; 
(B) marketed or packaged to appear simi-
lar to a candy or beverage product; or 
(C) modified by flavoring or coloring to ap-
pear similar to a candy or beverage product; 
and 
(2) knows, or has reasonable cause to believe, 
that the controlled substance will be distributed, dis-
pensed, or sold to a person under 18 years of age. 
SEC. 8. KIDNAPPING. 
Section 1201 of title 18, United States Code, is 
amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) KIDNAPPING.— 
‘‘(1) OFFENSE.—Except as provided in para-
graph (2), it shall be unlawful for any person, in any 
circumstance described in paragraph (3), to— 
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‘‘(A) unlawfully— 
‘‘(i) seize, confine, kidnap, abduct, or 
carry away an individual by— 
‘‘(I) force and violence; or 
‘‘(II) intimidation; or 
‘‘(ii) inveigle or decoy an individual; 
and 
‘‘(B) hold the individual described in sub-
paragraph (A) for ransom, reward, or other-
wise. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to an act done against a minor by the parent 
thereof. 
‘‘(3) CIRCUMSTANCES.—A circumstance de-
scribed in this paragraph is that— 
‘‘(A) the individual is willfully transported 
in interstate or foreign commerce, regardless of 
whether the individual was alive when trans-
ported across a State boundary, or the offender 
travels in interstate or foreign commerce or 
uses the mail or any means, facility, or instru-
mentality of interstate or foreign commerce in 
committing or in furtherance of the commission 
of the offense; 
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‘‘(B) any such act against the individual is 
done within the special maritime and territorial 
jurisdiction of the United States; 
‘‘(C) any such act against the individual is 
done within the special aircraft jurisdiction of 
the United States as defined in section 46501 
of title 49; 
‘‘(D) the individual is a foreign official, an 
internationally protected person, or an official 
guest as those terms are defined in section 
1116(b) of this title; or 
‘‘(E) the individual is among those officers 
and employees described in section 1114 of this 
title and any such act against the individual is 
done while the individual is engaged in, or on 
account of, the performance of official duties. 
‘‘(4) PENALTY.—Any person who commits a 
violation under this subsection shall be punished by 
imprisonment for any term of years or for life and, 
if the death of any individual results, shall be pun-
ished by death or life imprisonment.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘subsection (a)(1), above,’’ 
and inserting ‘‘subsection (a)(3)(A)’’; 
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(B) by striking ‘‘he’’ and inserting ‘‘the 
victim’’; and 
(C) by striking ‘‘under this section’’ and 
inserting ‘‘under this subsection’’; and 
(3) in subsection (f), by striking ‘‘subsection 
(a)(4)’’ each place it appears and inserting ‘‘sub-
section (a) with respect to a circumstance described 
in paragraph (3)(D) of that subsection’’. 
Æ 
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