DETERRENCE Act

This Act may be cited as the “Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act” or the “DETERRENCE Act”.

Section 1201 of title 18, United States Code, is amended—

(1) by redesignating subsection (h) as subsection (i);

(2) by inserting after subsection (g) the following:

“(h) Sentence enhancements for offenses directed by or coordinated with foreign governments.—

(1) In general.— The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.

(2) Conspiracy.— The sentence of a person convicted of conspiring to commit a violation of subsection (a) as part of a conspiracy under the elements specified in subsection (c) may be increased by up to 10 years if—

(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and

(B) the person convicted of conspiring to commit a violation of subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.

(3) Attempt.— The sentence of a person convicted of an attempt to violate subsection (a) may be increased by up to 5 years if such attempt was knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.”; and

(3) in subsection (i), as so designated, by inserting “Definition.—” before “As used in this section”.

(a) In general.— Section 1958 of title 18, United States Code, is amended—

(1) by redesignating subsection (b) as subsection (c);

(2) by inserting after subsection (a) the following:

“(b) Sentence enhancements for offenses directed by or coordinated with foreign governments.— The sentence of a person convicted of an offense under subsection (a)—

(1) may be increased by up to 5 years, if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and

(2) may be increased by up to 10 years—

(A) if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and

(B) personal injury results.”; and

(3) in subsection (c), as so redesignated, by inserting “Definitions.—” before “As used in this section”.

(b) Technical and conforming amendments.—

(1) Section 2332b(g)(2) of title 18, United States Code, is amended by striking “section 1958(b)(2)” and inserting “section 1958”.

(2) Section 1010A(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960a(d)) is amended by striking “section 1958(b)(1)” and inserting “section 1958”.

Section 115(b) of title 18, United States Code, is amended by adding at the end the following:

“(5) The sentence of a person convicted of an offense under subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government—

(A) may be increased by up to 5 years if the offense committed was an assault involving physical contact with the victim of that assault or the intent to commit another felony;

(B) may be increased by up to 10 years if—

(i) the offense committed was an assault resulting in bodily injury (including serious bodily injury (as that term is defined in section 1365 of this title));

(ii) the offense involved any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title; or

(iii) a dangerous weapon was used during and in relation to the offense; and

(C) may be increased by up to 10 years if the offense committed was a murder, attempted murder, or conspiracy to murder.”.

Section 2261A of title 18, United States Code, is amended—

(1) by striking “Whoever—” and inserting “(a) In general.—Except as provided in subsection (b), whoever—”; and

(2) by adding at the end the following:

“(b) Enhanced penalties for offenses involving foreign governments.— The sentence of a person convicted of an offense under paragraph (1) or (2) of subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government—

(1) may be increased by up to 5 years if—

(A) serious bodily injury (including permanent disfigurement or life threatening bodily injury) to the victim results;

(B) the offender uses a dangerous weapon during the offense; or

(C) the victim of the offense is under the age of 18 years;

(2) may be increased by up to 10 years if death of the victim results; and

(3) may be increased by up to 30 months in any other case.”.

Section 1114 of title 18, United States Code, is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

“(b) Sentence enhancements for offenses directed by or coordinated with foreign governments.— The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.”.

Section 1751 of title 18, United States Code, is amended—

(1) by redesignating subsections (f) through (k) as subsections (g) through (i), respectively; and

(2) by inserting after subsection (e) the following:

“(f)

(1) The sentence of a person convicted of an offense under subsection (a), (b), or (c) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.

(2) The sentence of a person convicted of conspiring to kill or kidnap any individual designated in subsection (a) as part of a conspiracy under the elements specified in subsection (d) may be increased by up to 10 years if—

(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and

(B) the person convicted of conspiring to kill or kidnap an individual designated in subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.

(3) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if—

(A) the victim was any person designated in subsection (a)(1); and

(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.

(4) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if—

(A) the victim was any person designated in subsection (a)(2); and

(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.

(5) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if—

(A)

(i) the offense involved the use of a dangerous weapon; or

(ii) personal injury resulted; and

(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.”.