2.9Interstate Domestic Violence Crimes

The Violence Against Women Act (VAWA),1 18 USC 2261 et seq., provides for protections against interstate domestic violence by making it a federal crime for:

•“[a] person who travels in interstate or foreign commerce or enters or leaves Indian country or is present[2] within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence,[3] commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner[.]” 18 USC 2261(a)(1).

•“[a] person who causes a spouse, intimate partner, or dating 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, intimate partner, or dating partner[.]” 18 USC 2261(a)(2).

VAWA also provides for protections against interstate stalking by making it a federal crime for a person who:

•as provided under 18 USC 2261A(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 [18 USC] 115) of that person;

(iii) a spouse or intimate partner of that person; or

(iv) the pet, service animal, emotional support animal, or horse 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);”4 or

•as provided under 18 USC 2261A(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, a pet, a service animal, an emotional support animal, or a horse described in clause (i), (ii), (iii), or (iv) 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)[.]”5

A person convicted under 18 USC 2261 or 18 USC 2261A must be punished as provided in 18 USC 2261(b). 18 USC 2261(1)-(2); 18 USC 2261A. 18 USC 2261(b) requires the imposition of the following punishments:

•a “fine[] under [Title 18].” 18 USC 2261(b).

•imprisonment “for life or any term of years, if death of the victim results[.]” 18 USC 2261(b)(1).

•imprisonment “for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results[.]” 18 USC 2261(b)(2).

•imprisonment “for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense[.]” 18 USC 2261(b)(3).

•imprisonment “for not more than 5 years, in any other case[.]” 18 USC 2261(b)(5).

•“both fine[] and imprison[ment].” 18 USC 2261(b).6

A person who “commits the crime of stalking [i.e. violates 18 USC 2261A] in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in [18 USC 2266], shall be punished by imprisonment for not less than 1 year.”7 18 USC 2261(b)(6). 18 USC 2266 defines the scope of protection orders and the types of orders contemplated by 18 USC 2261(b)(6). For additional information on foreign protection orders, see Section 5.16.

1   VAWA was reauthorized in 2022, effective October 1, 2022. For more information, see the United States Department of Justice website’s discussion of the 2013 and 2022 Reauthorizations of the Violence Against Women Act (VAWA).

2    The addition of the language “is present” is effective October 1, 2013. See 2013 PL 113-4.

3    The addition of the language “or presence” is effective October 1, 2013. See 2013 PL 113-4.

4    18 USC 2261A(1).

5    18 USC 2261A(2).

6    18 USC 2261(b) also contains a punishment for violation of 18 USC 2241 et seq. (sexual abuse). Discussion of that topic is beyond the scope of this section.

7   The statutory language of 18 USC 2261(b) is ambiguous. The language in 18 USC 2261(b) requires a individual to be fined for a conviction of 18 USC 2261 or 18 USC 2261A (stalking), imprisoned for the term prescribed in 18 USC 2261(b)(1)-(5), depending on the circumstances involved in the violation of 18 USC 2261 or 18 USC 2261A, or “both fined and imprisoned.” 18 USC 2261(b). However, there is no similar statement for violations described in 18 USC 2261(b)(6). Individuals convicted of 18 USC 2261A under the conditions stated in 18 USC 2261(b)(6) are subject to mandatory imprisonment; whether a fine may or must be imposed in addition to a term of imprisonment is not clear.