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H.R. 2394·119th Congress·Introduced Mar 26, 2025

DETERRENCE Act

IntroducedCrime and Law EnforcementMajor
View bill text
Sponsor
Rep. Wagner, Ann [R-MO-2]
Committees
Judiciary Committee (primary)
Last action
Mar 26, 2025

Bottom line

The DETERRENCE Act significantly increases potential prison sentences for serious federal crimes when foreign government involvement is proven, aiming to deter state-sponsored criminal activity against U.S. interests and individuals.

What it actually does

This bill amends Title 18 of the U.S. Code to establish new sentencing enhancements for several existing federal crimes, including kidnapping, murder-for-hire, influencing federal officials by threatening family, stalking, protection of U.S. officers/employees, and presidential assassination/kidnapping/assault. These enhancements apply specifically when the offenses are committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.

Proponents argue

Proponents argue this bill strengthens national security by providing a stronger deterrent against foreign governments using criminal proxies to target individuals within the U.S. or U.S. officials abroad. They contend that existing penalties may not adequately reflect the severe threat posed by state-sponsored criminal acts, and these enhancements are necessary to protect U.S. citizens and interests from external threats.

Opponents contend

Opponents might argue that existing federal laws already provide severe penalties for these crimes, and adding further enhancements could lead to disproportionately long sentences, potentially raising questions about due process or the fairness of the justice system. Some might also raise concerns about the broad definition of 'foreign government or an agent of a foreign government' and potential for misuse or overreach in investigations.

The bill is relatively short and clearly structured, making it accessible for an informed reader to understand its core provisions within a reasonable timeframe.

Section 2, amending 18 U.S.C. 1201

Enhanced Penalties for Foreign Government-Directed Kidnapping

prominently featuredstraightforward

This provision adds a new subsection to the federal kidnapping statute, allowing for an additional sentence of up to 10 years for a person convicted of kidnapping if the offense was knowingly committed at the direction of or in coordination with a foreign government or its agent. Similar enhancements (up to 10 years) apply to conspiracy to kidnap and up to 5 years for attempted kidnapping under the same foreign government coordination conditions.

GroupImpactMechanismScale
GroupIndividuals convicted of kidnapping offensesImpactFace significantly longer prison sentences if foreign government involvement is proven.MechanismJudicial discretion to add up to 10 years to existing sentences.ScaleApplies to all federal kidnapping cases where foreign coordination is established.
GroupForeign governments and their agentsImpactIncreased deterrence against using kidnapping as a tool against U.S. persons or interests.MechanismHigher penalties for their operatives.ScaleAims to impact state-sponsored criminal operations globally.

Supporters argue

Supporters argue that kidnapping, especially when state-sponsored, represents a grave threat to national security and individual liberty, warranting severe punishment to deter such acts and protect U.S. citizens.

Critics contend

Critics might argue that existing penalties for kidnapping are already substantial, and adding further enhancements could lead to excessively long sentences without a clear deterrent effect beyond what current law provides.

Tradeoffs

Balances the desire for stronger deterrence against foreign state-sponsored crime with concerns about the potential for lengthy sentences and the complexities of proving foreign government coordination.

Section 3, amending 18 U.S.C. 1958

Enhanced Penalties for Foreign Government-Directed Murder-for-Hire

prominently featuredstraightforward

This section amends the federal murder-for-hire statute to include sentencing enhancements. If a murder-for-hire offense is committed knowingly at the direction of or in coordination with a foreign government or its agent, the sentence may be increased by up to 5 years. If personal injury results from such an offense, the sentence may be increased by up to 10 years.

Section 4, amending 18 U.S.C. 115

Enhanced Penalties for Foreign Government-Directed Threats Against Federal Officials' Families

prominently featuredmoderately complex

This provision adds new sentencing enhancements to the statute prohibiting threats or injury to family members of federal officials to influence or retaliate against the official. If such an offense is committed knowingly at the direction of or in coordination with a foreign government or its agent, the sentence may be increased by up to 5 years for assault with physical contact or intent to commit another felony, up to 10 years for assault resulting in bodily injury, sexual assault, or use of a dangerous weapon, and up to 10 years for murder, attempted murder, or conspiracy to murder.

Section 5, amending 18 U.S.C. 2261A

Enhanced Penalties for Foreign Government-Directed Stalking

prominently featuredmoderately complex

This provision introduces enhanced penalties for stalking offenses when committed knowingly at the direction of or in coordination with a foreign government or its agent. Sentences may be increased by up to 5 years if serious bodily injury results, a dangerous weapon is used, or the victim is under 18. If the victim's death results, the sentence may be increased by up to 10 years. In any other case of foreign-directed stalking, the sentence may be increased by up to 30 months.

Section 6, amending 18 U.S.C. 1114

Enhanced Penalties for Foreign Government-Directed Assaults on Federal Officers/Employees

prominently featuredstraightforward

This section adds a new subsection to the statute protecting federal officers and employees. It allows for an additional sentence of up to 10 years if an offense under subsection (a) (killing or attempting to kill certain federal officers/employees) was committed knowingly at the direction of or in coordination with a foreign government or its agent.

Section 7, amending 18 U.S.C. 1751

Enhanced Penalties for Foreign Government-Directed Attacks on President, Staff, and Designated Individuals

prominently featuredmoderately complex

This section adds a new subsection to the statute concerning attacks on the President, Vice President, and other designated individuals. It allows for an additional sentence of up to 10 years if an offense (assassination, kidnapping, or assault) was committed knowingly at the direction of or in coordination with a foreign government or its agent. This enhancement also applies to conspiracies to kill or kidnap, and to assaults on designated individuals (including the President, Vice President, and their staff) if foreign government coordination is proven, or if a dangerous weapon was used or personal injury resulted.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

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