S. 1136 — DETERRENCE Act

This section establishes sentence enhancements under the federal kidnapping statute (18 U.S.C. 1201) for offenses directed by or coordinated with a foreign government or its agent, as follows: (1) up to 10 years for a violation of subsection (a); (2) up to 10 years for a conspiracy under subsection (c) if one or more conspirators knowingly acted in coordination with a foreign government or agent and the convicted person knew of that fact; and (3) up to 5 years for an attempt under subsection (d). (As background, 18 U.S.C. 1201 criminalizes kidnapping with interstate commerce elements, in federal jurisdictions, or against certain officials, with base penalties of any term of years or life imprisonment—or death or life if death results—and up to 20 years for attempts.)

This section establishes sentence enhancements under the federal murder-for-hire statute (18 U.S.C. 1958) for offenses committed knowingly at the direction of or in coordination with a foreign government or agent thereof, allowing a sentence increase of up to 5 years generally and up to 10 years if personal injury results. It also makes technical and conforming amendments to update cross-references in related statutes.

This section establishes enhanced penalties under 18 U.S.C. §115(b)(5) for offenses under §115(a)—which criminalize influencing, impeding, or retaliating against a federal official by threatening or injuring a family member—if committed knowingly at the direction of or in coordination with a foreign government or an agent thereof: (1) an increase of up to 5 years' imprisonment for an assault involving physical contact with the victim or intent to commit another felony; (2) an increase of up to 10 years' imprisonment if the offense involved an assault resulting in bodily injury (including serious bodily injury), sexual abuse, or use of a dangerous weapon; and (3) an increase of up to 10 years' imprisonment if the offense was a murder, attempted murder, or conspiracy to murder.

This section designates the existing federal stalking prohibition (18 U.S.C. 2261A)—which criminalizes interstate travel or use of mail or electronic communications with intent to kill, injure, harass, intimidate, or surveil another person, resulting in reasonable fear of death or serious bodily injury (or substantial emotional distress) to that person, an immediate family member, spouse or intimate partner, or their pet, service animal, emotional support animal, or horse—as subsection (a) and adds subsection (b) to provide enhanced penalties for such offenses committed knowingly at the direction of or in coordination with a foreign government or an agent thereof. Under the new subsection, the sentence may be increased by (1) up to 5 years if serious bodily injury (including permanent disfigurement or life-threatening injury) results, a dangerous weapon is used, or the victim is under 18 years old; (2) up to 10 years if the victim's death results; and (3) up to 30 months in any other case.

This section establishes a sentence enhancement of up to 10 years for offenses under 18 U.S.C. 1114(a)—which prohibits killing or attempting to kill a federal officer, employee, or uniformed service member while engaged in or on account of official duties, or any person assisting such individual—if the offense is committed knowingly at the direction of or in coordination with a foreign government or an agent thereof.

This section establishes sentence enhancements of up to 10 years for offenses under 18 U.S.C. § 1751 against the President, Vice President, specified successors, and certain Executive Office of the President or Office of the Vice President staff—i.e., killing, kidnapping, attempts, conspiracies, or assaults—if committed knowingly at the direction of or in coordination with a foreign government or an agent thereof, as follows: (1) for killing, kidnapping, or attempts under subsections (a)-(c); (2) for conspiracies to kill or kidnap under subsection (d) if one or more conspirators knowingly coordinated with a foreign government or agent and the offender knew thereof; (3) for assaults under subsection (e) on persons designated in subsection (a)(1); (4) for assaults under subsection (e) on persons designated in subsection (a)(2); and (5) for assaults under subsection (e) involving a dangerous weapon or resulting in personal injury.