Minnesota Center Against Violence and Abuse http://www.mincava.umn.edu/ Federal Interstate Stalking Law ------------------------------- The National Center for Victims of Crime www.ncvc.org (http://www.ncvc.org) Publication Date: Enacted on September 23, 1996 Revision Date: 2000 ------------------------------------------------------------------------------ Federal Interstate Stalking Law ------------------------------- +-------------------------------------+-------------------------------------+ | 18 U.S.C § 2261A [1] | Interpretation | +-------------------------------------+-------------------------------------+ | Whoever (1) travels in interstate | § 2261A(1) makes it a federal | | or foreign commerce or within the | crime to travel across state, | | special maritime and territorial | tribal or international lines to | | jurisdiction of the United States, | stalk someone. The stalker must | | or enters or leaves Indian | have the intent to kill, injure, | | country, with the intent to kill, | harass, or intimidate the victim, | | injure, harass, or intimidate | who must be placed in reasonable | | another person, and in the course | fear of death or serious bodily | | of, or as a result of, such travel | injury. The victim's family | | places that person in reasonable | members, spouse or intimate | | fear of the death of, or serious | partners are also protected. | | bodily injury to, that person, a | § 2261A(2) makes it a federal | | member of the immediate family (as | crime to stalk someone across | | defined in section 115) of that | state, tribal or international | | person, or the spouse or intimate | lines, using regular mail, e-mail, | | partner of that person; or (2) | or the Internet (i.e., | | with the intent (A) to kill or | cyberstalking). The stalker must | | injure a person in another State | have the intent to kill or injure | | or tribal jurisdiction or within | the victim, or to place the | | the special maritime and | victim, a family member, or a | | territorial jurisdiction of the | spouse or intimate partner of the | | United States; or (B) to place a | victim in fear of death or serious | | person in another State or tribal | bodily injury. | | jurisdiction or within the special | § 2261A(1) and (2) make it a | | maritime and territorial | federal crime to stalk someone | | jurisdiction of the United States, | within the special or maritime | | in reasonable fear of the death | jurisdiction of the U.S. This | | of, or serious bodily injury to | includes federal lands such as | | (i) that person; (ii) a member of | national parks and military bases. | | the immediate family (as defined | If you have any questions about | | in section 115) of that person; or | the interpretation of these | | (iii) a spouse or intimate partner | provisions, contact the U.S. | | of that person, uses the mail or | Attorney's Office in your district. | | 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 | | | § 2261(b). | | +-------------------------------------+-------------------------------------+ | Key Definitions | | +-------------------------------------+-------------------------------------+ | "Spouse or Intimate Partner" (See | "Serious Bodily Injury" [See 18 | | 18 U.S.C. § 2266(7)(A)(ii)) | U.S.C. § 2119(2) and 18 | | * A spouse or former spouse of | U.S.C. § 1365(g)(3) and(4)] | | the target of the stalking; | Bodily injury (see below) which | | * A person who shares a child in | involves (A) a substantial risk of | | common with the target of the | death; (B) extreme physical pain; | | stalking; | (C) protracted and obvious | | * A person who cohabits or has | disfigurement; or (D) protracted | | cohabited as a spouse with the | loss or impairment of the function | | target of the stalking; or | of a bodily member, organ, or | | * Any other person similarly | mental faculty. This includes any | | situated to a spouse who is | conduct that, if the conduct | | protected by the domestic and | occurred in the special maritime | | family violence laws of the | and territorial jurisdiction of | | state or tribal jurisdiction | the United States would violate | | where the injury occurred or | section 2241 (aggravated sexual | | the victim resides. | abuse) or 2242 (sexual abuse) of | | "Course of Conduct" (See 18 U.S.C. | this title. | | § 2266(2)) | "Bodily Injury" (See U.S.C. § | | A pattern of conduct composed of | 1365(g)(4)) | | two or more acts, evidencing a | (A) a cut, abrasion, bruise, or | | continuity of purpose. | disfigurement; (B) physical pain; | | | (C) illness; (D) impairment of the | | | function of a bodily member, | | | organ, or mental faculty; or (E) | | | any other injury to the body, no | | | matter how temporary. | | | "Immediate Family" (See 18 U.S.C. | | | § 115(c)(2)) | | | Immediate family includes the | | | individual's spouse, parents, | | | siblings, children, or any other | | | person living in the individual's | | | household related by blood or | | | marriage. | +-------------------------------------+-------------------------------------+ To report a violation of this federal law, contact the FBI or U.S. Attorney's Office in your district. ------------------------------------------------------------------------------ Footnotes --------- [1] 118 U.S.C. § 2261A was originally enacted on September 23, 1996. In November 2000, the federal statute was amended as part of the Violence Against Women Act (VAWA) of 2000. ------------------------------------------------------------------------------ This document was not developed by Violence Against Women Online Resources. The document's author or sponsoring organization granted VAWOR permission for placement on this site. Points of view in this document are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice. This web site is a cooperative project of Office on Violence Against Women (http://www.ojp.usdoj.gov/vawo/) and Minnesota Center Against Violence & Abuse (http://www.mincava.umn.edu/) at the University of Minnesota (http://www.umn.edu/) and is supported by grant number 98-WT-VX-K001 awarded by the Office on Violence Against Women (http://www.ojp.usdoj.gov/vawo/), Office of Justice Programs, U.S. Department of Justice. Additional information about this site can be obtained by reading Email us for more information and assistance (http://www.vaw.umn.edu/mail/infoassist.shtml). © Copyright 1998-2005 Minnesota Center Against Violence and Abuse (MINCAVA) File Last Modified on: 49