Violence Against Women Act of 1994
Violence Against Women Act of 1994
Summary of Criminal Provisions of the Violence Against Women Act
The 1994 Crime Act was landmark legislation for all victims of crime and demonstrates the commitment of President Clinton and the Congress to make real progress in the areas of law enforcement, victim assistance, prosecutions and crime prevention. The Violence Against Women Act, enacted as part of that law, makes it a crime to cross state lines to continue to abuse a spouse or partner, creates tough new penalties for sex offenders, and prohibits anyone facing a restraining order for domestic abuse from possession of a firearm.
In addition, the Violence Against Women Act provides a substantial commitment of federal resources – more than $1.6 billion over six years – for police, prosecutors, prevention service initiatives in cases involving sexual violence or domestic abuse. Also, the Act requires sexual offenders to pay restitution to their victims, requires states to pay for rape examinations, provides $1.5 million for federal victim-witness counselors and extends rape shield laws to protect crime victims from abusive inquiries into their private conduct. Another section of the crime bill makes an important change in the law to protect women and children from released rapists and other sexual predators – the Jacob Wetterling Act requires that released offenders must be reported to local enforcement authorities.
Interstate Domestic Violence
18 U.S.C. 2261 (a)
Crossing a State Line – Included in the 1994 Violence Against Women Act, this law makes it a federal crime for anyone to cross state lines or enter or leave Indian country with the intent to injure, harass, or intimidate an intimate partner if, in the course of or as a result of such travel, the perpetrator intentionally commits a violent crime that causes bodily harm to his or her partner.18 U.S.C. 2261 (a) (2)
Causing the crossing of a State Line – The Violence Against Women Act also made it a federal crime to cause an intimate partner to cross a State line or enter or leave Indian country by force, coercion, duress, or fraud and, in the course or a s a result of that conduct, intentionally commits a crime of violence and thereby causes bodily injury to the victim.Interstate Violation of a Protective Order
18 U.S.C. 2262 (a) (1)
Crossing a State Line – The Violence Against Women Act made it a federal crime to travel across a state line or enter or leave Indian country with the intent to engage in conduct that violates an order of protection fro credible threats of violence, repeated harassment, or bodily injury or would violate the order of protection if the conduct occurred in the jurisdiction where the order was issued and then engages in the conduct.18 U.S.C. 2262 (a) (2)
Causing the Crossing of a State Line – It is also a federal crime for anyone to cause an intimate partner to cross a state line or enter or leave Indian country by force, coercion, duress, or fraud, and in the course of or as a result of that conduct, intentionally commits an act that causes bodily injury to the intimate in violation of a valid protection order.Interstate Stalking
18 U.S.C. 2261A
This law makes it a federal crime to travel across a state line or within the special maritime and territorial jurisdiction of the United States intending to injure or harass another person and then placing that person in reasonable fear of death or serious bodily injury [defined in 18 U.S.C. 1365(g)(3)] to her or him or an immediate family member (defined in 18 U.S.C. 115).Possession of a Firearm while Subject to a Protection Order
18 U.S.C. 922 (g)(8)
Under this statute, it is unlawful for anyone subject to a court order requested by an intimate partner or child of an intimate partner to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition or to receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce if the subject was served with notice of the hearing and given a chance to appear.Possession of a Firearm after Conviction of a Misdemeanor Crime of Domestic Violence
18 U.S.C. 922 (g) (9)
Under this law, it is unlawful for anyone who has been convicted in any court of a misdemeanor crime of domestic violence to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition or to receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce.Felon in Possession of a Firearm
18 U.S.C. 922 (g) (1)
This statute makes it a federal crime for anyone convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition or to receive any firearm or ammunition or to receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce.