§ 2261. Interstate domestic violence

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Violence Against Women Act of 1994

   Pub. L. 103–322 title IV § 40221(a) · 108 Stat. 1796

   Enacted · 18 U.S.C. § 2261

   Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1926

   Source evidence

   Code source credit
   Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1926

   Enacted provision · exact public law section
   (a) In General.— Part 1 of title 18, United States Code, is amended by inserting after chapter 110 the following new chapter: “CHAPTER 110A— DOMESTIC VIOLENCE “Sec. 2261. Interstate domestic violence. “Sec. 2262. Interstate violation of protection order. “Sec. 2263. Pretrial release of defendant. “Sec. 2264. Restitution. “Sec. 2265. Full faith and credit given to protection orders. “Sec. 2266. Definitions. “§2261. Interstate domestic violence “(a) Offenses.— “(1) Crossing a state line.— A person who travels across a State line or enters or leaves Indian country with the intent to injure, harass, or intimidate that person’s spouse or intimate partner, and who, in the course of or as a result of such travel, intentionally commits a crime of violence and thereby causes bodily injury to such spouse or intimate partner, shall be punished as provided in subsection (b). “(2) Causing the crossing of a state line.— A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud and, in the course or as a result of that conduct, intentionally commits a crime of violence and thereby causes bodily injury to the person’s spouse or intimate partner, shall be punished as provided in subsection (b). “(b) Penalties.— A person who violates this section shall be fined under this title, imprisoned— “(1) for life or any term of years, if death of the offender’s spouse or intimate partner results; “(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the offender’s spouse or intimate partner results; “(3) for not more than 10 years, if serious bodily injury to the offender’s spouse or intimate partner results or if the offender uses a dangerous weapon during the offense; “(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and “(5) for not more than 5 years, in any other case, or both fined and imprisoned. “§2262. Interstate violation of protection order “(a) Offenses.— “(1) Crossing a state line.— A person who travels across a State line or enters or leaves Indian country with the intent to engage in conduct that— “(A) (i) violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued; or “(ii) would violate subparagraph (A) if the conduct occurred in the jurisdiction in which the order was issued; and “(B) subsequently engages in such conduct, shall be punished as provided in subsection (b). “(2) Causing the crossing of a state line.— A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud, and, in the course or as a result of that conduct, intentionally commits an act that injures the person’s spouse or intimate partner in violation of a valid protection order issued by a State shall be punished as provided in subsection (b). “(b) Penalties.— A person who violates this section shall be fined under this title, imprisoned— “(1) for life or any term of years, if death of the offender’s spouse or intimate partner results; “(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the offender’s spouse or intimate partner results; “(3) for not more than 10 years, if serious bodily injury to the offender’s spouse or intimate partner results or if the offender uses a dangerous weapon during the offense; “(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and “(5) for not more than 5 years, in any other case, or both fined and imprisoned. “§2263. Pretrial release of defendant “In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this chapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant. “§2264. Restitution “(a) In General.— Notwithstanding section 3663, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. “(b) Scope and Nature of Order.— “(1) Directions.— The order of restitution under this section shall direct that— “(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court, pursuant to paragraph (3); and “(B) the United States Attorney enforce the restitution order by all available and reasonable means. “(2) Enforcement by victim.— An order of restitution also may be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action. “(3) Definition.— For purposes of this subsection, the term ‘full amount of the victim’s losses’ includes any costs incurred by the victim for— “(A) medical services relating to physical, psychiatric, or psychological care; “(B) physical and occupational therapy or rehabilitation; “(C) necessary transportation, temporary housing, and child care expenses; “(D) lost income; “(E) attorneys’ fees, plus any costs incurred in obtaining a civil protection order; and “(F) any other losses suffered by the victim as a proximate result of the offense. “(4) Order mandatory.— (A) The issuance of a restitution order under this section is mandatory. “(B) A court may not decline to issue an order under this section because of— “(i) the economic circumstances of the defendant; or “(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. “(C) (i) Notwithstanding subparagraph (A), the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid. “(ii) For purposes of this subparagraph, the term ‘economic circumstances’ includes— “(I) the financial resources and other assets of the defendant; “(II) projected earnings, earning capacity, and other income of the defendant; and “(III) any financial obligations of the defendant, including obligations to dependents. “(D) Subparagraph (A) does not apply if— “(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a restitution order in the foreseeable future (under any reasonable schedule of payments); and “(ii) the court enters in its order the amount of the victim’s losses, and provides a nominal restitution award. “(5) More than 1 offender.— When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. “(6) More than 1 victim.— When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim. “(7) Payment schedule.— An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals. “(8) Setoff.— Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in— “(A) any Federal civil proceeding; and “(B) any State civil proceeding, to the extent provided by the law of the State. “(9) Effect on other sources of compensation.— The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss. “(10) Condition of probation or supervised release.— Compliance with a restitution order issued under this section shall be a condition of any probation or supervised release of a defendant. If an offender rails to comply with a restitution order, the court may, after a hearing, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, or hold the defendant in contempt pursuant to section 3583(e). In determining whether to revoke probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant’s employment status, earning ability and financial resources, the willful-ness of the defendant’s failure to comply, and any other circumstances that may have a bearing on the defendant’s ability to comply. “(c) Affidavit.— Within 60 days after conviction and, in any event, not later than 10 days before sentencing, the United States Attorney (or such Attorney’s delegate), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the delegate) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the delegate) shall advise the victim that the victim may file a separate affidavit and assist the victim in the preparation of the affidavit. “(d) Objection.— If, after the defendant has been notified of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to subsection (a) shall be entered in the court’s restitution order. If objection is raised, the court may require the victim or the United States Attorney (or the United States Attorney’s delegate) to submit further affidavits or other supporting documents, demonstrating the victim’s losses. “(e) Additional Documentation and Testimony.— If the court concludes, after reviewing the supporting documentation and considering the defendant’s objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section, shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera. “(f) Final Determination of Losses.— If the victim’s losses are not ascertainable 10 days before sentencing as provided in subsection (c), the United States Attorney (or the United States Attorney’s delegate) shall so inform the court, and the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 90 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief. “(g) Restitution in Addition to Punishment.— An award of restitution to the victim of an offense under this chapter is not a substitute for imposition of punishment under this chapter. “§2265. Full faith and credit given to protection orders “(a) Full Faith and Credit.— Any protection order issued that is consistent with subsection (b) of this section by the court of one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe (the enforcing State or Indian tribe) and enforced as if it were the order of the enforcing State or tribe. “(b) Protection Order.— A protection order issued by a State or tribal court is consistent with this subsection if— “(1) such court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and “(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights. “(c) Cross or Counter Petition.— A protection order issued by a State or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if— “(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or “(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order. “§2266. Definitions “In this chapter— “‘bodily injury’ means any act, except one done in self-defense, that results in physical injury or sexual abuse. “‘Indian country’ has the meaning stated in section 1151. “‘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 temporary and final orders issued by civil and criminal courts (other than support or child custody orders) 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. “‘spouse or intimate partner’ includes— “(A) a spouse, a former spouse, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited with the abuser as a spouse; and “(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State in which the injury occurred or where the victim resides. “‘State’ includes a State of the United States, the District of Columbia, a commonwealth, territory, or possession of the United States. “‘travel across State lines’ does not include travel across State lines by an individual who is a member of an Indian tribe when such individual remains at all times in the territory of the Indian tribe of which the individual is a member.”,

2. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title X § 1069(b)(1) · 110 Stat. 2422

   1. Inserted · 18 U.S.C. § 2261(b)

      Pub. L. 104–201 inserted “or section 2261A” after “this section” in introductory provisions

   2. Substituted · 18 U.S.C. § 2261(b)

      Pub. L. 104–201 substituted “victim” for “offender’s spouse or intimate partner” in pars. (1) to (3)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–201 inserted “or section 2261A” after “this section” in introductory provisions and substituted “victim” for “offender’s spouse or intimate partner” in pars. (1) to (3).

   Enacted provision · exact public law section
   (1) Section 2261(b) is amended by inserting “or section 2261A” after “this section”.

3. 2000

   Violence Against Women Act of 2000

   Pub. L. 106–386 div. B title I § 1107(a) · 114 Stat. 1464

   1. Added · 18 U.S.C. § 2261(a)

      Pub. L. 106–386 added subsec. (a)

   2. Struck · 18 U.S.C. § 2261(a)

      Pub. L. 106–386 struck out heading and text of former subsec. (a). Text read as follows:

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–386 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows:

   “(1) Crossing a state line.—A person who travels across a State line or enters or leaves Indian country with the intent to injure, harass, or intimidate that person’s spouse or intimate partner, and who, in the course of or as a result of such travel, intentionally commits a crime of violence and thereby causes bodily injury to such spouse or intimate partner, shall be punished as provided in subsection (b). “(2) Causing the crossing of a state line.—A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud and, in the course or as a result of that conduct, intentionally commits a crime of violence and thereby causes bodily injury to the person’s spouse or intimate partner, shall be punished as provided in subsection (b).”

   Enacted provision · exact public law section
   (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).”.

4. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 117(a) · 119 Stat. 2960

   Inserted · 18 U.S.C. § 2261(a)(1)

   Pub. L. 109–162, § 117(a), inserted “or within the special maritime and territorial jurisdiction of the United States” after “Indian country”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–162, § 117(a), inserted “or within the special maritime and territorial jurisdiction of the United States” after “Indian country”.

   Enacted provision · exact public law section
   (a) Domestic Violence.— Section 2261(a)(1) of title 18, United States Code, is amended by inserting after “Indian country” the following: “or within the special maritime and territorial jurisdiction of the United States”.

5. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 116(a)(1) · 119 Stat. 2960

   Substituted · 18 U.S.C. § 2261(a)(1)

   Pub. L. 109–162, § 116(a)(1), which directed substitution of “, intimate partner, or dating partner” for “or intimate partner”, was executed by making the substitution in two places to reflect the probable intent of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–162, § 116(a)(1), which directed substitution of “, intimate partner, or dating partner” for “or intimate partner”, was executed by making the substitution in two places to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (1) in paragraph (1), striking “or intimate partner” and inserting “, intimate partner, or dating partner”; and

6. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 116(a)(2) · 119 Stat. 2960

   Substituted · 18 U.S.C. § 2261(a)(2)

   Pub. L. 109–162, § 116(a)(2), which directed substitution of “, intimate partner, or dating partner” for “or intimate partner”, was executed by making the substitution in two places to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 109–162, § 116(a)(2), which directed substitution of “, intimate partner, or dating partner” for “or intimate partner”, was executed by making the substitution in two places to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (2) in paragraph (2), striking “or intimate partner” and inserting “, intimate partner, or dating partner”.

7. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 114(b) · 119 Stat. 2960

   Added · 18 U.S.C. § 2261(b)(6)

   Pub. L. 109–162, § 114(b), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 109–162, § 114(b), added par. (6).

   Enacted provision · exact public law section
   (b) Enhanced Penalties for Stalking.— Section 2261(b) of title 18, United States Code, is amended by adding at the end the following: “(6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.” .

8. 2013

   Violence Against Women Reauthorization Act of 2013

   Pub. L. 113–4 title I § 107(a) · 127 Stat. 54

   Inserted · 18 U.S.C. § 2261(a)(1)

   Pub. L. 113–4 inserted “is present” after “Indian country or” and “or presence” after “as a result of such travel”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 113–4 inserted “is present” after “Indian country or” and “or presence” after “as a result of such travel”.

   Enacted provision · exact public law section
   (a) Interstate Domestic Violence.— Section 2261(a)(1) of title 18, United States Code, is amended— (1) by inserting “is present” after “Indian Country or”; and (2) by inserting “or presence” after “as a result of such travel”;

   Effective date note
   Pub. L. 113–4, § 4, Mar. 7, 2013, 127 Stat. 64, provided that: “Except as otherwise specifically provided in this Act [see Tables for classification], the provisions of titles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of this Act shall not take effect until the beginning of the fiscal year following the date of enactment of this Act [Mar. 7, 2013].”

10 of 10 references resolved to an enrolled provision