Federal Domestic Violence Crimes

January 1, 2001

Jennifer DeCarli

DEFINITION OF A SPOUSE OR INTIMATE PARTNER -

(SEE 18 U.S.C. SECTION 2266):

• spouse, a former spouse, a person who shares a child in common with the abuser, a person who has cohabited or currently cohabits with the abuser as a spouse; and
• any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State in which the injury occurred or where the victim resides

*This does not include girlfriend/boyfriend relationships unless they are living together or have lived together in the past*

1.  18 U.S.C. SECTION 2261 - INTERSTATE DOMESTIC VIOLENCE:

(a)(1): Crossing a State Line: Elements:

• travel across a state line OR enter or leave Indian country
• w/ the intent to injure, harass, or intimidate that person's spouse or intimate partner
• and in the course of or as a result of such travel
• intentionally commits a crime of violence
• thereby causing bodily injury to such spouse or intimate partner

(a)(2): Causing the crossing of a state line: Elements:

• cause a spouse or intimate partner
• to cross a State line OR to enter or leave Indian country
• by force, coercion, duress, or fraud AND
• in the course of or as a result of, or to facilitate such conduct or travel
• commits or attempts to commit a crime of violence
• against that person's spouse or intimate partner

2.  18 U.S.C. SECTION 2261A - INTERSTATE STALKING

Elements:

Whoever -

• (1) travels across a State line or enters or leaves Indian country
• with the intent to kill, injure, harass or intimidate
• ANOTHER PERSON
• and in the course of, or as a result of such travel
• places the person in reasonable fear of death or serious bodily injury
• to that person, that person's immediate family member or the spouse or intimate partner of that person

OR

(2) with the intent -

(A) to kill or injure a person in another state or tribal jurisdiction or within the special maritime and territorial jurisdiction of the U.S. OR

(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the U.S., in reasonable fear of the death or serious bodily injury to -

(i) that person;

(ii) a member of the immediate family of that person;

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

uses the mail or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described above

Important Points:

• doesn't limit statute's protection to just intimate partner, as it covers any person and it covers threats made to that person's immediate family members and/or spouse or intimate partner
• covers stalking via mail

3. 18 U.S.C. Section 2262 - Interstate Violation of Protection Order

(a)(1) Crossing a State Line: Elements:

• travel across State lines or enter or leave Indian country
• with the INTENT to
• engage in conduct that violates the portion of a protection order protecting against violence, threats, harassment, contact or communication with or physical proximity to another person or that would violate such a portion of a protection order in the jurisdiction in which the order was issued
• to the victim the OP protects
• engages in such conduct and violates OP

Important Points w/ above:

• not limited to intimate partner definition, so can reach OP's between dating couples
• do not have to cause physical injury, covers any violation of the protection order
• difficulty is proving that he/she intended to violate the OP when crossing the state lines

(a)(2) Causing the Crossing of a State Line: Elements:

• causes another person
• to cross a STATE line or enter or leave Indian country
• by force, coercion, duress or fraud
• and in the course of or as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protective order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to another person
• or would violate such a portion of a protection order in the jurisdiction in which the order was issued

Important Points:

• is not limited to intimate partner definition, so can reach OP's between dating couples
• do not have to cause physical injury, covers any violation of the protection order