Overview
Title
To authorize sentencing enhancements for certain criminal offenses directed by or coordinated with foreign governments.
ELI5 AI
The DETERRENCE Act wants to make punishments tougher for bad guys working with foreign governments to hurt people, like kidnapping or hurting U.S. officials, by making them stay in jail longer. This is to stop other countries from telling people to do bad things.
Summary AI
The bill, titled the DETERRENCE Act, aims to enhance sentencing for certain criminal offenses committed at the direction or in coordination with foreign governments. It proposes increased penalties for crimes such as kidnapping, murder-for-hire, stalking, and threatening federal officials when these offenses involve foreign government influence. The bill intends to deter external threats by allowing courts to add up to 10 years to sentences for offenses closely linked to foreign entities. Additionally, it specifies harsher penalties for any acts of violence against U.S. federal officers and the President under similar circumstances.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The proposed legislation, known as the "Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act" or the "DETERRENCE Act," seeks to strengthen penalties for specific criminal activities that are directed or coordinated with foreign governments. This bill aims to introduce sentence enhancements for crimes like kidnapping, murder-for-hire, influencing governmental officials, stalking, and offenses against U.S. officers if these are found to involve foreign governmental influence. Each section of the bill addresses different types of crimes, outlining potential sentencing enhancements as a deterrent against foreign involvement in criminal activities targeting the United States.
Summary of Significant Issues
There are several critical concerns discussed throughout the bill. A major issue is the lack of clarity and definitions around key terms such as "coordination with a foreign government" and "agent of a foreign government." This ambiguity could lead to inconsistent legal interpretations and application of the law, affecting sections 2 through 7. The bill also addresses various sentence enhancements related to foreign coordination; however, these enhancements may be difficult to prove in a court of law, potentially resulting in inconsistent legal proceedings. Furthermore, the potential redundancy and complexity of the language, especially in Section 3, necessitate clearer consolidation and clarification to aid in understanding and application.
Impact on the Public Broadly
The bill's intent is generally positive, aiming to deter criminal acts by raising the stakes for those who might involve foreign governments. By imposing stricter penalties, it seeks to protect national security and public officials. However, the public could face challenges if implementation results in uneven judicial processes due to ambiguous legal standards. Sentencing enhancements without precise guidelines could lead to arbitrary legal outcomes and stir public concern regarding fairness and justice.
Impact on Specific Stakeholders
For law enforcement and judicial bodies, the bill could present a more formidable legal framework to prosecute individuals involved in foreign-coordinated crimes. Yet, the vagueness of legal definitions and inconsistency in application could complicate prosecutorial efforts, leading to potential legal challenges from defense attorneys. U.S. government officials, subject to threats or harm under foreign influence, would ostensibly receive better protection due to heightened legal deterrents.
For individuals accused of such crimes, the bill poses the risk of harsher penalties if they are perceived to be coordinated with foreign entities, potentially leading to disputes and appeals based on the clarity of foreign involvement. International diplomatic relations could also be impacted due to increased scrutiny and potential accusations against foreign governments. As a result, foreign relations may be either strained or improved, depending on enforcement actions and international responses.
In summary, while the DETERRENCE Act aims to fortify the U.S. legal system against foreign-influenced criminal activities, addressing the current vague language and ensuring consistent application is essential for it to effectively serve justice and public safety.
Issues
The bill lacks clarity and definitions for key terms such as 'coordination with a foreign government' and 'agent of a foreign government,' which could lead to significant ambiguity in legal interpretation and inconsistent application across Sections 2, 3, 4, 5, 6, and 7.
The repeated inclusion of phraseology regarding sentence enhancements for offenses committed knowingly at the direction of or in coordination with foreign governments may be difficult to prove in court, potentially leading to inconsistent application in legal proceedings, as seen in Sections 2, 3, 4, 5, 6, and 7.
There is a concern about the potential redundancy found in Section 3, where similar sentencing enhancements for coordination with a foreign government are addressed multiple times. This could be consolidated for clarity.
Section 2's lack of specificity on which court or entity decides on the existence of coordination with foreign governments in kidnapping cases could lead to inconsistencies and potential legal challenges.
Section 5 details enhanced penalties for stalking offenses that involve foreign governments. However, the use of broad terms such as 'serious bodily injury' without concrete definitions or guidelines might lead to arbitrary and inconsistent sentencing.
The bill makes several cross-references that require careful navigation, particularly in Section 7, which may create difficulties in interpreting which offenses are subject to sentence enhancements.
The application of up to 10 years of sentence enhancement without clearly defined guidelines in Sections 6 and 7 exposes the legal process to the risk of arbitrary or inconsistent sentencing decisions, which could undermine the fairness of legal outcomes.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
This section specifies the short title of the Act, which can be referred to as the “Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act” or the “DETERRENCE Act”.
2. Kidnapping Read Opens in new tab
Summary AI
The bill amends the U.S. Code to allow for enhanced sentences for kidnapping offenses if they are directed by or coordinated with foreign governments. Specifically, sentences can be increased by up to 10 years for committing or conspiring to commit such offenses, and by up to 5 years for attempted offenses, when there is involvement or cooperation with foreign governments.
3. Use of interstate commerce facilities in the commission of murder-for-hire Read Opens in new tab
Summary AI
The section amends a law to allow for longer sentences for murder-for-hire when it involves foreign governments, with potential sentence increases of up to 5 or 10 years, depending on factors like whether the crime was directed by a foreign entity and if personal injury results. Additionally, it corrects references to the law in other related legal texts.
4. Influencing, impeding, or retaliating against a federal official by threatening or injuring a family member Read Opens in new tab
Summary AI
The section discusses amendments to a law about influencing or harming federal officials by targeting their family members. It states that if someone does this at the direction of a foreign government, their sentence can be increased up to 5 years for certain assaults or up to 10 years for serious bodily injuries, use of dangerous weapons, or involvement in murder or attempted murder.
5. Stalking Read Opens in new tab
Summary AI
Section 2261A of title 18, United States Code, has been updated to include enhanced penalties for stalking offenses related to foreign governments. If someone commits stalking crimes in coordination with a foreign government, they could face additional prison time, especially if the victim is seriously injured, a dangerous weapon is used, the victim is under 18, or if the victim dies.
6. Protection of officers and employees of the United States Read Opens in new tab
Summary AI
The section modifies the law to add harsher penalties for crimes against U.S. officers and employees if those crimes are done at the request or in cooperation with foreign governments. The punishment can be increased by up to 10 years in these cases.
7. Presidential and Presidential staff assassination, kidnapping, and assault Read Opens in new tab
Summary AI
The section of the bill allows for sentences to be increased by up to 10 years for crimes involving assassination, kidnapping, or assault against the President or other specified individuals if done in coordination with a foreign government. It specifically targets crimes committed knowingly with foreign direction or collaboration, involving use of dangerous weapons or resulting in personal injury.