[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1461 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1461

    To amend title 18, United States Code, to provide penalties for 
                               stalking.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1993

  Mr. Mfume introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to provide penalties for 
                               stalking.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Stalking Prevention Act of 
1993''.

SEC. 2. TITLE 18 AMENDMENT.

    (a) In General.--Chapter 7 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 116. Stalking
    ``(a) Whoever willfully and knowingly engages in a course of 
conduct that involves an express or implied threat to kill another 
person or to inflict bodily injury on another person that is made--
            ``(1) with the intent to place that person in fear of 
        bodily injury or death; and
            ``(2) in any manner or context that causes that person 
        reasonably to fear bodily injury or death;
shall be fined under this title or imprisoned not more than 5 years, or 
both.
    ``(b) The United States Sentencing Commission, in establishing 
sentencing guidelines for sentences under this section shall provide a 
longer prison sentence for second or subsequent offenses under this 
section or a similar non-Federal law, while a protection order was in 
effect governing the defendant's behavior toward the victim of the 
offense.
    ``(c) As used in this section--
            ``(1) the term `course of conduct' means a persistent 
        pattern or conduct composed of 2 or more acts over a period of 
        time, however short, that evidences a continuity of purpose, 
        but such term does not include any constitutionally protected 
        activity;
            ``(2) the term `protective order' means any court order, 
        including any restraining order or injunction that orders a 
        person--
                    ``(A) to refrain from abusing or threatening to 
                abuse another person;
                    ``(B) to refrain from contacting, attempting to 
                contact, or harassing another person;
                    ``(C) to refrain from entering the residence of 
                another person; or
                    ``(D) to remain away from the place of employment, 
                school, or residence of another person.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 18, United States Code, is amended by adding at the 
end the following:

``116. Stalking.''.

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