Minnesota Center Against Violence and Abuse http://www.mincava.umn.edu/ Penalties for Interstate Stalking, Interstate Domestic Violence, Interstate Violation of A Protection Order --------------------------------------------------------------------------- Compiled by the National Center for Victims of Crime Publication Date: Not Available ------------------------------------------------------------------------------ +-------------------------------------+-------------------------------------+ | 18 U.S.C. §2261(b) | Interpretation | +-------------------------------------+-------------------------------------+ | Offenders will be fined, | Penalties for violating | | imprisoned - | §2261, 2261A or 2262 are | | (1) for life or any term of years, | either a fine, imprisonment, or | | if death of the victim results; | both. There are no minimum | | (2) for not more than 20 years if | sentences, but there are maximums | | permanent disfigurement or life | based on the extent of the | | threatening bodily injury to the | victim's injuries. The maximum | | victim results; | sentences are listed below along | | (3) for not more than 10 years, if | with the corresponding injury. | | serious bodily injury to the | * life imprisonment if victim dies | | victim results or if the offender | * 20 years if victim is | | uses a dangerous weapon during the | permanently disfigured; | | offense; | * 20 years if victim suffers life | | (4) as provided for the applicable | threatening bodily injury; | | conduct under chapter 109A (18 | * 10 years if victim suffers | | U.S.C. § 2241 et seq.) if the | serious bodily injury; | | offense would constitute an | * penalties set forth in Chapter | | offense under chapter 109A | 109A (18 U.S.C. § 2241 et | | (without regard to whether the | seq. - sex offenses) if | | offense was committed in the | offender's conduct meets the | | special maritime and territorial | elements of any of those | | jurisdiction of the United States | offenses (conduct does not have | | or in a Federal prison); and | to occur in federal prison or | | (5) for not more than 5 years, in | within special/maritime | | any other case, or both fined and | jurisdiction of U.S.); or 5 | | imprisoned. | years for any other situation. | | | In addition, the maximum sentence | | | is 10 years if the offender uses a | | | dangerous weapon. | +-------------------------------------+-------------------------------------+ | Sentencing Enhancements, Upward Departure, and Additional Firearm Charges | +---------------------------------------------------------------------------+ | Sentencing Enhancements (See 18 | Additional Charges for Use of | | U.S.S.G.. §2A6.2. Stalking or | Firearms (See 18 U.S.C. | | Domestic Violence.) | §924(c)(1) | | Under (a), base offense level is | If the defendant uses or possesses | | 14. Under (b)(1), offense | a firearm in furtherance of a | | increases 2 to 4 levels if it | crime of violence for which he/she | | involves one or more of the | is convicted, charges under | | following aggravating factors: | §924 may be filed and the | | * bodily injury; | following penalties may be | | * violation of a court protection | available: | | order; | * 5 years or more; | | * possession or threatened use of | * 7 years or more if firearm is | | a dangerous weapon; or | brandished; or | | * pattern of stalking, | * 10 years or more if firearm is | | threatening, harassing, or | discharged. | | stalking the same victim. | Specific Firearms | | Upward Departure to Address | If certain types of firearms are | | Severity of the Crime (See | possessed or used, the following | | Application Note 5 of the | penalties may be imposed: | | Commentary to 18 U.S.S.G. | * 10 years or more (25 for | | §2A6.2.) | multiple convictions) for | | An upward departure motion may be | short-barreled rifles or other | | granted if sentencing enhancement | listed firearms; or | | under (b)(1) does not adequately | * 30 years or more (life for | | reflect the extent or severity of | multiple convictions) for | | the defendant's conduct. "For | machine guns or destructive | | example, an upward departure may | devices, or weapons equipped | | be warranted if the defendant | with silencers or firearm | | stalked the victim on many | mufflers. | | occasions over a prolonged period | | | of time." | | +-------------------------------------+-------------------------------------+ ------------------------------------------------------------------------------ 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: 53