U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 110A— DOMESTIC VIOLENCE AND STALKING

18 U.S.C. § 2261

Interstate domestic violence

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(a)Offenses.—(1)Travel or conduct of offender.—A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).(2)Causing travel of victim.—A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).(b)Penalties.—A person who violates this section or section 2261A shall be fined under this title, imprisoned—(1) for life or any term of years, if death of the victim results;(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;(3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and(5) for not more than 5 years, in any other case,or both fined and imprisoned.(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.(Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1926; amended Pub. L. 104–201, div. A, title X, § 1069(b)(1), (2), Sept. 23, 1996, 110 Stat. 2656; Pub. L. 106–386, div. B, title I, § 1107(a), Oct. 28, 2000, 114 Stat. 1497; Pub. L. 109–162, title I, §§ 114(b), 116(a), 117(a), Jan. 5, 2006, 119 Stat. 2988, 2989; Pub. L. 113–4, title I, § 107(a), Mar. 7, 2013, 127 Stat. 77.)Editorial NotesAmendments

2013—Subsec. (a)(1). Pub. L. 113–4 inserted “is present” after “Indian country or” and “or presence” after “as a result of such travel”.

2006—Subsec. (a)(1). Pub. L. 109–162, § 117(a), inserted “or within the special maritime and territorial jurisdiction of the United States” after “Indian country”.

Pub. L. 109–162, § 116(a)(1), which directed substitution of “, intimate partner, or dating partner” for “or intimate partner”, was executed by making the substitution in two places to reflect the probable intent of Congress.

Subsec. (a)(2). Pub. L. 109–162, § 116(a)(2), which directed substitution of “, intimate partner, or dating partner” for “or intimate partner”, was executed by making the substitution in two places to reflect the probable intent of Congress.

Subsec. (b)(6). Pub. L. 109–162, § 114(b), added par. (6).

2000—Subsec. (a). Pub. L. 106–386 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows:

“(1) Crossing a state line.—A person who travels across a State line or enters or leaves Indian country with the intent to injure, harass, or intimidate that person’s spouse or intimate partner, and who, in the course of or as a result of such travel, intentionally commits a crime of violence and thereby causes bodily injury to such spouse or intimate partner, shall be punished as provided in subsection (b).

“(2) Causing the crossing of a state line.—A person who causes 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 or as a result of that conduct, intentionally commits a crime of violence and thereby causes bodily injury to the person’s spouse or intimate partner, shall be punished as provided in subsection (b).”

1996—Subsec. (b). Pub. L. 104–201 inserted “or section 2261A” after “this section” in introductory provisions and substituted “victim” for “offender’s spouse or intimate partner” in pars. (1) to (3).

Statutory Notes and Related SubsidiariesEffective Date of 2013 Amendment

Pub. L. 113–4, § 4, Mar. 7, 2013, 127 Stat. 64, provided that: “Except as otherwise specifically provided in this Act [see Tables for classification], the provisions of titles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of this Act shall not take effect until the beginning of the fiscal year following the date of enactment of this Act [Mar. 7, 2013].”

Notes of Decisions
Cited in 212 cases (47 in the last 5 years), 1996–2026 · leading case: United States v. Thomas Faulls, Sr., 821 F.3d 502 (4th Cir. 2016).
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United States v. Thomas Faulls, Sr., 821 F.3d 502 (4th Cir. 2016). · cites it 6× “§ 1201 (a)(1), interstate domestic violence in violation of 18 U.S.C. § 2261 (a)(2) and (b)(4), and possession of a firearm in furtherance of a crime of violence in violation of 18 U.”
United States v. Amy Gonzalez, 905 F.3d 165 (3rd Cir. 2018). · cites it 4× “See 18 U.S.C. § 2261 (b). The decisions of our sister Courts of Appeals interpreting § 2261A(2) support our view that the mens rea requirement constitutes alternate means as opposed to alternate elements of the offense.”
United States v. Morrison, 529 U.S. 598 (2000). · cites it 4× “§ 2261 (a)(1) (making it a federal crime for a person to cross state lines to commit *659 a crime of violence against a spouse or intimate partner); § 1951(a) (federal crime to commit robbery, extortion, physical violence or threat thereof, where "article or commodity in…”
United States v. Aquilia Marcivicci Barnette, United States of Am. v. Aquilia Marcivicci Barnette, 211 F.3d 803 (4th Cir. 2000). · cites it 8× “The indictment describes the relevant charges as follows: Count 1 as a violation of 18 U.S.C. § 2261 (a)(1), (b) for traveling across state lines and firebombing Robin Williams’ apartment; Count 2 as a violation of 18 U.”
United States v. Gould, 568 F.3d 459 (4th Cir. 2009). · cites it 4× “§ 1951 (robbery and extortion); 18 U.S.C. § 2261 (domestic violence); 18 U.”
United States v. Derek Duane Page, 167 F.3d 325 (6th Cir. 1999). · cites it 11× “…causes bodily injury to the person’s spouse or intimate partner, shall be punished as provided in subsection (b). 18 U.S.C. § 2261 (a).”
United States v. Barnette, 644 F.3d 192 (4th Cir. 2011). · cites it 4× “Barnette was convicted by the original jury after a three week trial in January 1998 on eleven charges: (1) interstate domestic violence, in violation of 18 U.S.C. §§ 2261 (a) & (b); (2) use of a destructive device, a firebomb, during a crime of violence, in violation of 18 U.”
United States v. Gluzman, 953 F. Supp. 84 (S.D.N.Y. 1997). · cites it 13× “[1] On April 25, 1996, defendant Rita Gluzman (“Gluzman”) was indicted for conspiring to commit interstate domestic violence and for committing interstate' domestic violence in violation of 18 U.S.C. § 2261 (1996). 1 Gluzman moves to dismiss the indictment on the ground that…”
United States v. Derek Duane Page, 136 F.3d 481 (6th Cir. 1998). · cites it 22× “At Page’s second trial, the jury acquitted him of kidnapping but found him guilty of interstate domestic violence, in violation of 18 U.S.C. § 2261 (a)(2). The District Court denied Page’s motion for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29(e)…”
United States v. Owens, 917 F.3d 26 (1st Cir. 2019). · cites it 4× “Defendant-Appellant Gregory Owens ("Owens") was convicted of interstate domestic violence in violation of 18 U.S.C. § 2261 (a)(1) and (b)(2) ; and discharge of a firearm during and in relation to a crime of violence in violation of 18 U.”
United States v. Charles Wesley Helem, 186 F.3d 449 (4th Cir. 1999). · cites it 6× “Count One charged him with interstate domestic violence in violation of 18 U.S.C. §§ 2261 (a)(2) and 2261(b) and Count Two charged him with Mdnaping in violation of 18 U.”
United States v. Christopher J. Bailey, 112 F.3d 758 (4th Cir. 1997). · cites it 5× “§ 1201 (a)(1), kidnapping, and Title 18 U.S.C. § 2261 (a)(2), interstate domestic violence.”
Show all 212 citing cases →
— 18 U.S.C. § 2261(a)(2) — 2 cases
Haapaniemi v. Warden Hijar (W.D. Tex. 2022).
United States v. Bailey (4th Cir. 1997).
— 18 U.S.C. § 2261(a)(2)(B) — 1 case
Haapaniemi v. Warden Hijar (W.D. Tex. 2022).
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