[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6691 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 6691


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2018

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
  To amend title 18, United States Code, to clarify the definition of 
             ``crime of violence'', and for other purposes.

    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 ``Community Safety and Security Act of 
2018''.

SEC. 2. CRIME OF VIOLENCE.

    Section 16 of title 18, United States Code, is amended to read as 
follows:

``SEC. 16. CRIME OF VIOLENCE DEFINED.

    ``(a) The term `crime of violence' means an offense--
            ``(1)(A) that--
                    ``(i) is murder, voluntary manslaughter, assault, 
                sexual abuse or aggravated sexual abuse, abusive sexual 
                contact, child abuse, kidnapping, robbery, carjacking, 
                firearms use, burglary, arson, extortion, communication 
                of threats, coercion, fleeing, interference with flight 
                crew members and attendants, domestic violence, hostage 
                taking, stalking, human trafficking, piracy, or a 
                terrorism offense as described in chapter 113B (other 
                than in section 2332d); or
                    ``(ii) involves the unlawful possession or use of a 
                weapon of mass destruction; or
                    ``(B) that involves use or unlawful possession of 
                explosives or destructive devices described in 5845(f) 
                of the Internal Revenue Code of 1986;
            ``(2) that has as an element the use, attempted use, or 
        threatened use of physical force against the person or property 
        of another; or
            ``(3) that is an attempt to commit, conspiracy to commit, 
        solicitation to commit, or aiding and abetting any of the 
        offenses set forth in paragraphs (1) and (2).
    ``(b) In this section:
            ``(1) The term `abusive sexual contact' means conduct 
        described in section 2244(a)(1) and (a)(2).
            ``(2) The terms `aggravated sexual abuse' and `sexual 
        abuse' mean conduct described in sections 2241 and 2242. For 
        purposes of such conduct, the term `sexual act' means conduct 
        described in section 2246(2), or the knowing and lewd exposure 
        of genitalia or masturbation, to any person, with an intent to 
        abuse, humiliate, harass, degrade, or arouse or gratify the 
        sexual desire of any person.
            ``(3) The term `assault' means conduct described in section 
        113(a), and includes conduct committed recklessly, knowingly, 
        or intentionally.
            ``(4) The term `arson' means conduct described in section 
        844(i) or unlawfully or willfully damaging or destroying any 
        building, inhabited structure, vehicle, vessel, or real 
        property by means of fire or explosive.
            ``(5) The term `burglary' means an unlawful or unprivileged 
        entry into, or remaining in, a building or structure, including 
        any nonpermanent or mobile structure that is adapted or used 
        for overnight accommodation or for the ordinary carrying on of 
        business, and, either before or after entering, the person--
                    ``(A) forms the intent to commit a crime; or
                    ``(B) commits or attempts to commit a crime.
            ``(6) The term `carjacking' means conduct described in 
        section 2119, or the unlawful taking of a motor vehicle from 
        the immediate actual possession of a person against his will, 
        by means of actual or threatened force, or violence or 
        intimidation, or by sudden or stealthy seizure or snatching, or 
        fear of injury.
            ``(7) The term `child abuse' means the unlawful infliction 
        of physical injury or the commission of any sexual act against 
        a child under fourteen by any person eighteen years of age or 
        older.
            ``(8) The term `communication of threats' means conduct 
        described in section 844(e), or the transmission of any 
        communications containing any threat of use of violence to--
                    ``(A) demand or request for a ransom or reward for 
                the release of any kidnapped person; or
                    ``(B) threaten to kidnap or injure the person of 
                another.
            ``(9) The term `coercion' means causing the performance or 
        non-performance of any act by another person under which such 
        other person has a legal right to do or to abstain from doing, 
        through fraud or by the use of actual or threatened force, 
        violence, or fear thereof, including the use, or an express or 
        implicit threat of use, of violence to cause harm, or threats 
        to cause injury to the person, reputation or property of any 
        person.
            ``(10) The term `domestic violence' means any assault 
        committed by a current or former spouse, parent, or guardian of 
        the victim, by a person with whom the victim shares a child in 
        common, by a person who is cohabiting with or has cohabited 
        with the victim as a spouse, parent, or guardian, or by a 
        person similarly situated to a spouse, parent, or guardian of 
        the victim.
            ``(11) The term `extortion' means conduct described in 
        section 1951(b)(2)), but not extortion under color of official 
        right or fear of economic loss.
            ``(12) The term `firearms use' means conduct described in 
        section 924(c) or 929(a), if the firearm was brandished, 
        discharged, or otherwise possessed, carried, or used as a 
        weapon and the crime of violence or drug trafficking crime 
        during and in relation to which the firearm was possessed, 
        carried, or used was subject to prosecution in any court of the 
        United States, State court, military court or tribunal, or 
        tribal court. Such term also includes unlawfully possessing a 
        firearm described in section 5845(a) of the Internal Revenue 
        Code of 1986 (such as a sawed-off shotgun or sawed-off rifle, 
        silencer, bomb, or machine gun), possession of a firearm in 
        violation of sections 922(g)(1), 922(g)(2) and 922(g)(4), 
        possession of a firearm with the intent to use such firearm 
        unlawfully, or reckless discharge of a firearm at a dwelling.
            ``(13) The term `fleeing' means knowingly operating a motor 
        vehicle and, following a law enforcement officer's signal to 
        bring the motor vehicle to a stop--
                    ``(A) failing or refusing to comply; or
                    ``(B) fleeing or attempting to elude a law 
                enforcement officer.
            ``(14) The term `force' means the level of force capable of 
        causing physical pain or injury or needed or intended to 
        overcome resistance.
            ``(15) The term `hostage taking' means conduct described in 
        section 1203.
            ``(16) The term `human trafficking' means conduct described 
        in sections 1589, 1590, and 1591.
            ``(17) The term `interference with flight crew members and 
        attendants' means conduct described in section 46504 of title 
        49, United States Code.
            ``(18) The term `kidnapping' means conduct described in 
        section 1201(a)(1) or seizing, confining, inveigling, decoying, 
        abducting, or carrying away and holding for ransom or reward or 
        otherwise any person.
            ``(19) The term `murder' means conduct described as murder 
        in the first degree or murder in the second degree described in 
        section 1111.
            ``(20) The term `robbery' means conduct described in 
        section 1951(b)(1), or the unlawful taking or obtaining of 
        personal property from the person or in the presence of 
        another, against his will, by means of actual or threatened 
        force, or violence or intimidation, or by sudden or stealthy 
        seizure or snatching, or fear of injury, immediate or future, 
        to his person or property, or property in his custody or 
        possession, or the person or property of a relative or member 
        of his family or of anyone in his company at the time of the 
        taking or obtaining.
            ``(21) The term `stalking' means conduct described in 
        section 2261A.
            ``(22) The term `weapon of mass destruction' has the 
        meaning given such term in section 2332a(c).
            ``(23) The term `voluntary manslaughter' means conduct 
        described in section 1112(a).
    ``(c) For purposes of this section, in the case of any reference in 
subsection (b) to an offense under this title, such reference shall 
include conduct that constitutes an offense under State or tribal law 
or under the Uniform Code of Military Justice, if such conduct would be 
an offense under this title if a circumstance giving rise to Federal 
jurisdiction had existed.
    ``(d) For purposes of this section, the term `conspiracy' includes 
any offense that is a conspiracy to commit another offense under State 
or Federal law, irrespective of whether proof of an overt act is 
required to establish commission of the conspiracy offense.''.

            Passed the House of Representatives September 7, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.