Page:United States Statutes at Large Volume 114 Part 2.djvu/762

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114 STAT. 1498 PUBLIC LAW 106-386—OCT. 28, 2000 (b) INTERSTATE STALKING.— (1) IN GENERAL.— Section 2261A of title 18, United States Code, is amended to read as follows:

    • § 2261A. Interstate stalking

"Whoever— "(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or "(2) with the intent— "(A) to kill or injure a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or "(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to— "(i) that person; "(ii) a member of the immediate family (as defined in section 115) of that person; or "(iii) a spouse or intimate partner of that person, uses the mail or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii), shall be punished as provided in section 2261(b).". 28 USC 994 note. (2) AMENDMENT OF FEDERAL SENTENCING GUIDELINES.— (A) IN GENERAL. —Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to reflect the amendment made by this subsection. (B) FACTORS FOR CONSIDERATION.— In carrying out subparagraph (A), the Commission shall consider— (i) whether the Federal Sentencing Guidelines relating to stalking offenses should be modified in light of the amendment made by this subsection; and (ii) whether any changes the Commission may make to the Federal Sentencing Guidelines pursuant to clause (i) should also be made with respect to offenses under chapter llOA of title 18, United States Code. (c) INTERSTATE VIOLATION OF PROTECTION ORDER.— Section 2262 of title 18, United States Code, is amended by striking subsection (a) and inserting the following: " (a) OFFENSES. — "(1) TRAVEL OR CONDUCT OF OFFENDER.—A person who travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment