§ 2261A. Stalking

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. 1996

   National Defense Authorization Act for Fiscal Year 1997

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

   Enacted · 18 U.S.C. § 2261A

   Added Pub. L. 104–201, div. A, title X, § 1069(a), Sept. 23, 1996, 110 Stat. 2655

   Source evidence

   Code source credit
   Added Pub. L. 104–201, div. A, title X, § 1069(a), Sept. 23, 1996, 110 Stat. 2655

   Enacted provision · exact public law section
   (a) In General.— Chapter 110A of title 18, United States Code, is amended by inserting after section 2261 the following new section: “§ 2261A. Interstate stalking “Whoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass 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 (as defined in section 1365(g)(3) of this title) to, that person or a member of that person’s immediate family (as defined in section 115 of this title) shall be punished as provided in section 2261 of this title.”.

2. 2000

   Violence Against Women Act of 2000

   Pub. L. 106–386 div. B title I § 1107(b)(1) · 114 Stat. 1464

   Amended · 18 U.S.C. § 2261A

   Pub. L. 106–386 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Whoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass 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 (as defined in section 1365(g)(3) of this title) to, that person or a member of that person’s immediate family (as defined in section 115 of this title) shall be punished as provided in section 2261 of this title.”

   Source evidence

   Code amendment note
   Pub. L. 106–386 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Whoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass 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 (as defined in section 1365(g)(3) of this title) to, that person or a member of that person’s immediate family (as defined in section 115 of this title) shall be punished as provided in section 2261 of this title.”

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

3. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 title I § 114(a) · 119 Stat. 2960

   Amended · 18 U.S.C. § 2261A

   Pub. L. 109–162 amended section catchline and text generally, revising and restating former provisions relating to stalking so as to include surveillance with intent to kill, injure, harass, or intimidate which results in substantial emotional distress to a person within the purview of the offense proscribed

   Source evidence

   Code amendment note
   Pub. L. 109–162 amended section catchline and text generally, revising and restating former provisions relating to stalking so as to include surveillance with intent to kill, injure, harass, or intimidate which results in substantial emotional distress to a person within the purview of the offense proscribed.

   Enacted provision · exact public law section
   (a) Interstate Stalking.— Section 2261A of title 18, United States Code, is amended to read as follows: “§ 2261A. 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 place under surveillance with 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, or causes substantial emotional distress 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, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to 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, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or 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) of subparagraph (B); shall be punished as provided in section 2261(b) of this title.” .

4. 2013

   Violence Against Women Reauthorization Act of 2013

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

   Amended · 18 U.S.C. § 2261A

   Pub. L. 113–4 amended section generally. Prior to amendment, section related to stalking

   Source evidence

   Code amendment note
   Pub. L. 113–4 amended section generally. Prior to amendment, section related to stalking.

   Enacted provision · exact public law section
   (b) Stalking.— Section 2261A of title 18, United States Code, is amended to read as follows: “§ 2261A. Stalking   “Whoever— “(1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that— “(A) places that person in reasonable fear of the death of, or serious bodily injury to— “(i) that person; “(ii) an immediate family member (as defined in section 115) of that person; or “(iii) a spouse or intimate partner of that person; or “(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or “(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that— “(A) places that person in reasonable fear of the death of or serious bodily injury to a person described in clause (i), (ii), or (iii) of paragraph (1)(A); or “(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A), shall be punished as provided in section 2261(b) of this title.” .

   Effective date note
   Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under section 2261 of this title.

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 12502(a)(1)(A) · 132 Stat. 4490

   Added · 18 U.S.C. § 2261A(1)(A)(iv)

   Pub. L. 115–334, § 12502(a)(1)(A), added cl. (iv)

   Source evidence

   Code amendment note
   Par. (1)(A)(iv). Pub. L. 115–334, § 12502(a)(1)(A), added cl. (iv).

   Enacted provision · exact public law section
   (A) in paragraph (1)(A)— (i) in clause (ii), by striking “or” at the end; and (ii) by inserting after clause (iii) the following: “(iv) the pet, service animal, emotional support animal, or horse of that person; or” ; and

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 12502(a)(1)(B) · 132 Stat. 4490

   1. Inserted · 18 U.S.C. § 2261A(2)(A)

      Pub. L. 115–334, § 12502(a)(1)(B), inserted “, a pet, a service animal, an emotional support animal, or a horse” after “to a person”

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

      Pub. L. 115–334, § 12502(a)(1)(B), substituted “(iii), or (iv)” for “or (iii)”

   Source evidence

   Code amendment note
   Par. (2)(A). Pub. L. 115–334, § 12502(a)(1)(B), inserted “, a pet, a service animal, an emotional support animal, or a horse” after “to a person” and substituted “(iii), or (iv)” for “or (iii)”.

   Enacted provision · exact public law section
   (B) in paragraph (2)(A)— (i) by inserting after “to a person” the following: “, a pet, a service animal, an emotional support animal, or a horse”; and (ii) by striking “or (iii)” and inserting “(iii), or (iv)”.

7. 2020

   Combat Online Predators Act

   Pub. L. 116–249 § 2(c) · 134 Stat. 1126

   Substituted · 18 U.S.C. § 2261A

   Pub. L. 116–249 substituted “section 2261(b) or section 2261B, as the case may be” for “section 2261(b) of this title” in concluding provisions

   Source evidence

   Code amendment note
   Pub. L. 116–249 substituted “section 2261(b) or section 2261B, as the case may be” for “section 2261(b) of this title” in concluding provisions.

   Enacted provision · exact public law section
   (c) Conforming Amendment.— Section 2261A of title 18, United States Code, is amended by striking “section 2261(b) of this title” and inserting “section 2261(b) or section 2261B, as the case may be”.

8 of 8 references resolved to an enrolled provision