Page:United States Statutes at Large Volume 119.djvu/3006

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[119 STAT. 2988]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 2988]

119 STAT. 2988

PUBLIC LAW 109–162—JAN. 5, 2006

‘‘(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.’’. (b) ENHANCED PENALTIES FOR STALKING.—Section 2261(b) of title 18, United States Code, is amended by adding at the end the following: ‘‘(6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.’’. SEC. 115. REPEAT OFFENDER PROVISION.

Chapter 110A of title 18, United States Code, is amended by adding after section 2265 the following: ‘‘§ 2265A. Repeat offenders ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The maximum term of imprisonment for a violation of this chapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this chapter. ‘‘(b) DEFINITION.—For purposes of this section— ‘‘(1) the term ‘prior domestic violence or stalking offense’ means a conviction for an offense— ‘‘(A) under section 2261, 2261A, or 2262 of this chapter; or ‘‘(B) under State law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce; and ‘‘(2) the term ‘State’ means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.’’. SEC. 116. PROHIBITING DATING VIOLENCE.

(a) IN GENERAL.—Section 2261(a) of title 18, United States Code, is amended— (1) in paragraph (1), striking ‘‘or intimate partner’’ and inserting ‘‘, intimate partner, or dating partner’’; and (2) in paragraph (2), striking ‘‘or intimate partner’’ and inserting ‘‘, intimate partner, or dating partner’’. (b) DEFINITION.—Section 2266 of title 18, United States Code, is amended by adding at the end the following:

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