DETERRENCE Act
- 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
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.
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
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
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
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
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
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.