AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES.

SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES. (a) Interstate Domestic Violence.—Section 2261 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 kill, injure, harass, or intimidate a spouse or intimate partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse or intimate partner, shall be punished as provided in subsection (b). “(2) Causing travel of victim.—A person who causes a spouse or intimate partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse or intimate partner, shall be punished as provided in subsection (b).”. 114 STAT. 1498 (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).”. (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 110A of title 18, United States Code. (c) Interstate Violation of Protection Order.—Section 2262 of title 18, United States Code, is amended by striking sub section (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 114 STAT. 1499against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided in subsection (b). “(2) Causing travel of victim.—A person who causes another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another per son, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, shall be punished as provided in subsection (b).”. (d) Definitions.—Section 2266 of title 18, United States Code, is amended to read as follows: “§ 2266. Definitions “In this chapter: “(1) Bodily injury.—The term ‘bodily injury’ means any act, except one done in self-defense, that results in physical injury or sexual abuse. “(2) Course of conduct.—The term ‘course of conduct’ means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose. “(3) Enter or leave Indian country.—The term ‘enter or leave Indian country’ includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government. “(4) Indian country.—The term ‘Indian country’ has the meaning stated in section 1151 of this title. “(5) Protection order.—The term ‘protection order’ includes any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil and criminal court (other than a support or child custody order issued pursuant to State divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other Federal law) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. “(6) Serious bodily injury.—The term ‘serious bodily injury’ has the meaning stated in section 2119(2). “(7) Spouse or intimate partner.—The term ‘spouse or intimate partner’ includes— “(A) for purposes of— “(i) sections other than 2261A, a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; and “(ii) section 2261A, a spouse or former spouse of the target of the stalking, a person who shares a child 114 STAT. 1500in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; and “(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides. “(8) State.—The term ‘State’ includes a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States. “(9) Travel in interstate or foreign commerce.—The term ‘travel in interstate or foreign commerce’ does not include travel from 1 State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member.”.