The law on stalking, 18 U.S.C. § 2261A, boils down to a few key points. These aim to protect individuals and their immediate connections from harmful intent and actions, specifically relating to stalking. Let’s break it down.
The ‘Who’ And ‘What’ Of Stalking
This law pertains to anyone who either travels across state or international borders, or is within U.S. special maritime and territorial jurisdiction, or enters or leaves Indian Country, with a clear aim to harm, scare, bully, or spy on someone else. This also covers actions performed via mail, online platforms, or other means of interstate or international communication. So, if you have any intention to stalk, harass, or intimidate someone else, this law applies to you.
The Consequences Of Actions
The actions that can get you into trouble under this law are twofold:
- If your actions lead to the person you’re targeting, their immediate family, spouse, intimate partner, or their pets (including service or emotional support animals and horses), fearing death or severe bodily harm.
- If you knowingly cause, try to cause, or would reasonably be expected to cause, severe emotional distress to the person you’re targeting, their immediate family, or their spouse/intimate partner.
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The Penalties
The penalty for breaking this law is determined according to sections 2261(b) or 2261B, which outline the punishments for these kinds of offenses.
Discharging A Firearm During A Crime Of Violence
Below, we explain penalties under 18 U.S. Code § 924 for discharging a firearm during a crime of violence. The law deals specifically with individuals who use or carry firearms during the commission of a crime of violence or a drug trafficking crime. A crime of violence includes any felony offense that involves using, attempting to use, or threatening to use physical force against another person or their property, or any offense that inherently poses a substantial risk of physical harm to others during its commission.
Penalties For Using Or Carrying A Firearm During A Crime Of Violence
If a person uses or carries a firearm while committing a crime of violence or a drug trafficking crime, they will face enhanced penalties beyond those for the underlying offense.
5 Years Imprisonment
If a firearm is used or carried during the crime, the minimum prison sentence is 5 years.
7 Years Imprisonment
If the firearm is brandished (displayed to intimidate without necessarily using it), the minimum prison sentence is 7 years.
10 Years Imprisonment
If the firearm is discharged (fired), the minimum prison sentence is 10 years.
More Severe Offenses
Certain types of firearms, like short-barreled rifles, shotguns, and semiautomatic assault weapons, or destructive devices, can lead to even longer sentences (up to 30 years or life) if used in these crimes.
Armed Offenders With Prior Violent Felony Convictions
Individuals who violate Section 922(g) (possessing a firearm while having three previous convictions for a violent felony or serious drug offense) will face a minimum of 15 years in prison without probation or suspension of sentence.
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