(2) Attacks have occurred against the constitu-
tional order that undermine democratic institutions, 
seek to stop governmental functions, and endanger 
public safety. 
(3) One such violent attack, the January 6, 
2021 attack on the United States Capitol, con-
stituted an unprecedented assault on democratic in-
stitutions. 
(4) Recidivist enhancements for those guilty of 
actual or attempted insurrection, and associated con-
duct, are necessary to reflect the seriousness of the 
offense, deter future attacks on constitutional gov-
ernance, and incapacitate the defendants from com-
mitting future such acts. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(1) VIOLENT INSURRECTION.—The term ‘‘Vio-
lent Insurrection’’ means any person who— 
(A) unlawfully entered the United States 
Capitol, White House, or Supreme Court build-
ing or grounds in violation of sections 1361 and 
1752 of title 18, United States Code, or section 
5104 of title 40, United States Code, the sym-
bols of our highest government institutions— 
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(i) engaged in violence or threatened 
violence against any person on these 
grounds in response to actual or perceived 
election results or activities and in viola-
tion of sections 111 and 372 of title 18, 
United States Code, or section 5104 of 
title 40, United States Code; 
(ii) obstructed, influenced, or impeded 
any official proceeding related to the cer-
tification of electoral votes or related to an 
election in violation of section 1512(c) and 
(k) of title 18, United States Code, or sec-
tion 5104 of title 40, United States Code; 
or 
(iii) damaged or destroyed property 
on the United States Capitol, White 
House, or Supreme Court building or 
grounds in violation of section 1361 of title 
18, United States Code, or section 5104 of 
title 40, United States Code, and in re-
sponse to actual or perceived election re-
sults or activities; 
(B) attempted to commit any of the fore-
going acts; or 
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(C) conspired to commit any of the fore-
going acts. 
(2) ACT OF PRIOR VIOLENT INSURRECTION.— 
The term ‘‘Act of Prior Violent Insurrection’’ means 
a prior conviction for conduct constituting a violent 
insurrection as defined in subsection (a) without re-
gard to— 
(A) whether the conviction was subse-
quently pardoned; or 
(B) whether the conviction was set aside. 
SEC. 4. RECIDIVIST ENHANCEMENT REQUIREMENT. 
(a) ENHANCED PENALTY REQUIREMENT.—A de-
fendant may receive an enhanced sentence under this Act 
if— 
(1) the defendant is convicted of an act of vio-
lent insurrection as defined in section 3; 
(2) the defendant has engaged in prior act of 
violent insurrection as defined in section 3; and 
(3) the instant Federal crime was committed 
after the effective date of this Act. 
(b) RECIDIVIST ENHANCEMENT TERMS.— 
(1) GENERAL ENHANCEMENT.—Except as pro-
vided in paragraphs (2) and (3), the person may re-
ceive an additional term of imprisonment of no more 
than 4 years. 
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(2) SERIOUS FELONY ENHANCEMENT.—If the 
underlying Federal crime is punishable by imprison-
ment of 10 years or more, the person may receive 
an additional term of imprisonment of 5 years. 
(3) VIOLENCE
AGAINST
GOVERNMENT
EN-
HANCEMENT.—If the underlying Federal crime in-
volves— 
(A) violence or threatened violence against 
any Federal official or employee in violation of 
sections 111 and 372 of title 18, United States 
Code, or section 5104 of title 40, United States 
Code; 
(B) damage to Federal property in viola-
tion of section 1361 of title 18, United States 
Code, or section 5104 of title 40, United States 
Code; 
(C) obstruction of any official Federal pro-
ceeding in violation of section 1512(c) and (k) 
of title 18, United States Code, or section 5104 
of title 40, United States Code; or 
(D) any crime occurring on Federal prop-
erty in violation of section 1361 of title 18, 
United States Code, or section 5104 of title 40, 
United States Code; 
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the person may receive an additional term of impris-
onment of 10 years. 
(c) LIFE ENHANCEMENT.—Any person convicted of 
a Federal crime enumerated in this subsection who has 
engaged in a pattern of anti-democratic conduct may be 
sentenced to life imprisonment with a minimum term of 
15 years if convicted of— 
(1) treason (18 U.S.C. 2381); 
(2) seditious conspiracy (18 U.S.C. 2384); 
(3) advocating overthrow of government (18 
U.S.C. 2385); 
(4) murder of a Federal official (18 U.S.C. 
1114); 
(5) rebellion or insurrection (18 U.S.C. 2383); 
or 
(6) assassination or assault upon the President 
or successors (18 U.S.C. 1751). 
SEC. 5. LIMITATIONS AND SAFEGUARDS. 
(a) CONSTITUTIONAL RIGHTS.—Nothing in this Act 
shall be construed to deny or limit the constitutional rights 
of any individual. 
(b) APPEAL RIGHTS.—Any person sentenced under 
this Act shall have the right to appeal both the underlying 
conviction and the enhanced penalty. 
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SEC. 6. TREATMENT OF PARDONED OR SET-ASIDE CONVIC-
TIONS. 
For purposes of section 4, a Presidential pardon for 
conduct constituting a pattern of anti-democratic conduct 
under this Act that is not based on the innocence of the 
individual or a reversible legal error that fundamentally 
changed the outcome of justice shall not preclude the ap-
plication of enhanced recidivist penalties under this Act 
for future Federal crimes. 
Æ 
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