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1119. Prosecutions Under 18 U.S.C. § 2261(a)(1)

Title 18 U.S.C. § 2261(a)(2) - Causing the Crossing of a State Line - prohibits causing a spouse or intimate partner to cross State lines (or leave or enter Indian country) by force, coercion, duress or fraud, during which or as a result of which, there is bodily injury to the victim. As reflected in the legislative history, this statute does not require a showing of specific intent to cause a spouse or intimate partner to travel across the State or Indian territory line. See 1994 U.S. Code Cong. and Adm. News 1801. However, it does require proof of force, coercion, duress or fraud and thus is subject to the consent defense that is common in domestic cases. In addition, the defendant must intentionally commit a crime of violence during the course of, or as a result of, the travel; there must be bodily injury, and the parties must fall under the statutory definition of a spouse or intimate partner.

[cited in JM 9-60.1100]

Updated January 21, 2020