H.R. 2394 — DETERRENCE Act

This section establishes sentence enhancements under the federal kidnapping statute for offenses committed knowingly at the direction of or in coordination with a foreign government or an agent thereof. It (1) authorizes an increase of up to 10 years for a violation of subsection (a); (2) authorizes an increase of up to 10 years for a conspiracy under subsection (c) if one or more conspirators knowingly acted in such coordination and the convicted person knew of it; and (3) authorizes an increase of up to 5 years for an attempt under subsection (d).

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 an agent thereof, authorizing courts to increase the sentence by up to 5 years generally and by up to 10 years if personal injury results (in addition to existing penalties of up to 10 years generally, 20 years if personal injury results, or death or life imprisonment if death results). The section also redesignates the definitions subsection as subsection (c) and makes technical amendments to update cross-references in 18 U.S.C. 2332b and 21 U.S.C. 960a.

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

This section establishes enhanced penalties for offenses under the federal stalking statute (18 U.S.C. § 2261A)—which prohibits interstate travel or use of mail, interactive computer services, or other interstate commerce facilities 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—if committed knowingly at the direction of or in coordination with a foreign government or an agent thereof. Such penalties 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; or (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 criminalizes killing or attempting to kill any U.S. officer, employee, or uniformed service member engaged in or on account of official duties, or any person assisting them—if the offense was 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—prohibiting the killing, kidnapping, assault, or conspiracy against the President, Vice President, certain successors, or specified Executive Office of the President and Office of the Vice President staff—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 under subsection (d) where the convicted person knew one or more conspirators were acting in such coordination; (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. (Thus, these enhancements apply in addition to existing penalties, which include death, life imprisonment, or terms of years for severe offenses and up to 10 years for most assaults.)