Overcriminalized.com Legislative Update

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New:

■H.R. 5662: STALKERS Act of 2010



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H.R. 5662: STALKERS Act of 2010



Sponsor: Sanchez (D - CA)



Official Title: A bill to amend Title 18, United States Code, with respect to the offense of stalking.



Status:

7/1/2010: Introduced in House

7/1/2010: Referred to House Judiciary Committee



Commentary: Section 2261A(1) of Title 18, U.S. Code, presently makes stalking illegal when the prohibited conduct involves "travel[] in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enter[ing] or leav[ing] Indian country." This bill would make stalking unlawful when the conduct occurs "in or affecting interstate or foreign commerce or in the special maritime and territorial jurisdiction of the United States." It would define stalking as conduct engaged in "with intent to kill, physically injure, harass, or intimidate a person . . . that causes or attempts to cause bodily injury or serious emotional distress" or "occurs in circumstances where the conduct would be reasonably expected to cause the other person serious emotional distress." This bill would also provide for the enhancement of the punishments for any violation, which are presently set out in 18 U.S.C § 2261(b), in specified circumstances. If the conduct involves the violation of a protective order, the term of imprisonment that may be imposed would be increased by up to 5 years, and if the victim is under the age of 18, the term of imprisonment would be increased by up to 10 years.