Protect and Serve Act of 2025: New Federal Penalties for Assaulting Law Enforcement

The "Protect and Serve Act of 2025" introduces a new federal crime: targeting a law enforcement officer. Specifically, it establishes federal penalties—up to 10 years in prison and/or a fine—for anyone who willfully causes serious bodily injury to a law enforcement officer because of their status as an officer (SEC. 2). If the officer dies, or if kidnapping or attempted killing is involved, the penalty jumps to any term of years up to life imprisonment and/or a fine. It's a significant move that brings federal weight to crimes typically handled at the state level.

Making It Federal: When Does This Apply?

This isn't a blanket federal takeover of all assaults on law enforcement. The bill (SEC. 2) lays out specific conditions that trigger federal involvement. These include:

• Interstate Activity: If the offender or victim travels across state or international lines.
• Weapons: If a firearm or dangerous weapon that's traveled in interstate commerce is used.
• Federal Property/Personnel: If the crime happens on federal property or interferes with federal actors.
• Federal Officers: If the victim is a federal law enforcement officer.

Even with these triggers, there's another hurdle: the Attorney General (or their designee) has to certify in writing that federal prosecution is in the public interest (SEC. 2). This certification considers factors like the state's verdict/sentence, the level of planning involved, the intended outcome of the crime, any disregard for human life, and whether federal prosecution would benefit public safety. This is meant to be a check against federal overreach, but it also adds a layer of bureaucracy.

Real-World Implications: From the Beat to the Bureau

Imagine a local police officer assaulted during a traffic stop that turns violent. If the attacker used a weapon that was manufactured in another state, this new law could kick in. Or, consider a protest where a federal officer is injured. This law would apply directly. The bill defines "law enforcement officer" broadly, covering anyone employed by the government to prevent, investigate, or supervise criminal violations, or to detain or incarcerate individuals (SEC. 2). Think corrections officers, park rangers, and even some regulatory enforcement agents – not just traditional police.

The Bigger Picture: Balancing Protection and Jurisdiction

While the bill aims to protect those who protect us, it also raises some key questions. The requirement for Attorney General certification is a double-edged sword. It could prevent federal overreach, but it also puts a political appointee in the middle of what might traditionally be a state-level prosecution. The broad definition of "law enforcement officer" also opens the door to a potentially wide application of this law. The bill adds a new section to Title 18 of the United States Code, specifically Section 120, which means these provisions get integrated into the existing framework of federal criminal law (SEC. 2). It's a significant shift, and how it plays out in practice will depend on how the Attorney General uses their certification power and how broadly the courts interpret the definition of "law enforcement officer."