The Pregnancy Resource Center Defense Act increases criminal penalties and civil liabilities for attacks against pregnancy resource centers and places of religious worship.
Claudia Tenney
Representative
NY-24
The Pregnancy Resource Center Defense Act increases federal criminal and civil penalties for attacks against pregnancy resource centers and places of religious worship. The bill mandates stricter prison sentences for property damage and arson, ensuring enhanced accountability for those who target these specific facilities.
The Pregnancy Resource Center Defense Act proposes a significant shift in how the federal government punishes crimes against specific types of facilities. By amending the Freedom of Access to Clinic Entrances (FACE) Act and federal arson statutes, the bill creates a new tier of penalties specifically for those who target places of religious worship or facilities that exclusively provide counseling about abortion alternatives. The most striking change is the introduction of a mandatory minimum seven-year prison sentence for the malicious damage or destruction of these buildings by fire or explosives, regardless of whether anyone is physically harmed in the process.
Under current federal law (18 U.S.C. § 844(i)), a seven-year mandatory minimum sentence for arson or explosive damage is typically reserved for instances where a person is injured. This bill changes the math for targeted facilities. If someone were to maliciously damage a pregnancy resource center or a church using fire or explosives, they would automatically face at least seven years in federal prison, even if the building was empty at the time. For a first-time criminal offense under the FACE Act involving these specific locations that isn't a simple nonviolent obstruction, the maximum prison term is also bumped up to three years. This isn't just about jail time; the bill hits the wallet harder too. Civil penalties for violations at these sites would jump to $20,000 per violation, with statutory damages for victims set at $25,000 for first-time offenses.
This legislation essentially carves out a specialized protected status for religious institutions and abortion-alternative centers. For a local community, this means that a crime committed against a pregnancy resource center could carry far heavier federal consequences than a similar act committed against a neighboring business or a different type of nonprofit. While the goal is to deter violence and vandalism against these specific targets, the bill creates a legal landscape where the penalty is determined not just by the act itself, but by the specific mission of the facility being targeted. This could lead to a significant disparity in how different acts of property damage are prosecuted in the same city.
For those who engage in public protest or activism, the bill introduces higher stakes. While the text specifies that these enhanced penalties apply to conduct that is not "solely a nonviolent physical obstruction," the jump in civil fines to $20,000 and statutory damages to $25,000 per violation creates a high financial risk for individuals whose actions might be interpreted as crossing the line from protest to a FACE Act violation. For a student or a community activist, a single legal misstep near these facilities could lead to life-altering financial debt or multi-year prison sentences. The clarity of the bill’s language means the intent is focused, but the practical impact is a much narrower margin for error for anyone demonstrating near these specific locations.