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Criminal Resource Manual

1121. Penalties Under 18 U.S.C. §2261 And 2262

The penalties for Interstate Domestic Violence, 18 U.S.C. §  2261, and Interstate Violation of a Protection Order, 18 U.S.C. § 2262, are the same. The penalties are based on injury to the spouse or intimate partner and range from a maximum of life, if death occurs from the violence, to not more than five years if there is no serious bodily injury and no weapon was used.

In addition to these penalties, 18 U.S.C. § 2264 makes restitution mandatory for both offenses. It requires that:

  • The court shall direct the defendant to pay the full amount of the victim's losses, including: medical expenses; physical therapy; necessary transportation, temporary housing and child care expenses; lost income; attorney's fees, including costs incurred in obtaining a restraining order; and any other losses. 18 U.S.C. § 2264(b)(3).
  • Compliance with the court's restitution order shall be a condition of probation or supervised release. 18 U.S.C. § 2264(b)(10).
  • The court may not decline to order restitution based on the defendant's economic circumstances or because the victim has or is entitled to insurance benefits for his or her injuries. However, the court may consider the defendant's economic circumstances in setting a pay schedule. 18 U.S.C. §  2264(b)(4).
  • The United States Attorney shall enforce the restitution order by all available and reasonable means. In addition, the victim may civilly enforce the restitution order. 18 U.S.C. §§ 2264(b)(1)(B), (b)(2).

[cited in USAM 9-60.1100]