DETERRENCE Act
The DETERRENCE Act is a proposed federal bill that would add sentencing enhancements to a broad set of offenses when the crime is knowingly directed by or coordinated with a foreign government or an agent of a foreign government. Across multiple titles and offenses—ranging from kidnapping and murder-for-hire to threats against federal officials, stalking, and assaults on presidential targets—the bill allows judges to increase sentences by specified numbers of years if foreign coordination is proven. The overarching aim is to deter criminal activity that is directed or coordinated by foreign governments by making penalties heavier when such foreign involvement is part of the offense. In practice, the bill creates a consistent through-line: if a defendant’s crime was knowingly linked to a foreign government or its agents, the sentence for that crime (or related conspiracies/attempts) could be increased by a set amount, sometimes depending on the severity or outcomes of the offense (for example, bodily injury, death, or use of a weapon). The enhancements apply to a wide array of offenses in titles addressing kidnapping, murder-for-hire, threats to federal officials, stalking, protection of federal officers, and high-profile presidential crimes.
Key Points
- 1Expanded sentence enhancements tied to foreign coordination: For many offenses, the bill allows an increased sentence if the crime was knowingly directed by or coordinated with a foreign government or its agents.
- 2Offense-by-offense increases (with different caps): The maximum additional years vary by statute and scenario, from modest increases (e.g., up to 5 years) to much larger increases (up to 10 or 30 months in some cases, and up to 10 years for certain serious outcomes like bodily injury or murder).
- 3Conspiracy and attempt addressed: Enhancements also apply to conspiracies and attempts when at least one participant acted with foreign coordination and the defendant knew of that coordination.
- 4Broad coverage across federal offenses: The bill adds enhancements to kidnapping, murder-for-hire, threats against federal officials, stalking, and offenses involving presidential figures.
- 5Specific sections and enhancements:
- 6- Sec. 2 (Kidnapping): Up to +10 years for offenses directed by/with foreign governments; up to +10 for conspiracies; up to +5 for attempts.
- 7- Sec. 3 (Murder-for-hire via interstate facilities): Up to +5 years (directed/coordinate); up to +10 years if personal injury results.
- 8- Sec. 4 (Influencing/Threatening Federal Officials by Family): Up to +5 to +10 years depending on offense type and outcomes, including murder-related scenarios.
- 9- Sec. 5 (Stalking): Enhanced penalties, with up to +5, +10, or +30 months depending on circumstances like serious injury, weapon use, or death.
- 10- Sec. 6 (Protection of U.S. Officers): Up to +10 years for offenses committed with foreign coordination.
- 11- Sec. 7 (Presidential-related offenses): Multiple enhancements up to +10 years for offenses against the President, Vice President, or designated individuals, including conspiracies, and use of dangerous weapons or injury.
- 12Short title: The act is named the Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act, or the DETERRENCE Act.