DETERRENCE Act Adds Up to 10 Extra Years to Sentences for Crimes Directed by Foreign Governments

The DETERRENCE Act—officially the Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act—is a straightforward piece of legislation that significantly raises the stakes for serious federal crimes when a foreign government is pulling the strings.

What This Bill Actually Does

This bill doesn't create new crimes; instead, it acts like a sentencing multiplier for existing ones, specifically when the crime is "knowingly directed by or coordinated with a foreign government or its agent." Think of it as a national security surcharge on a criminal conviction. If a foreign entity is involved in ordering or planning a criminal act against a U.S. citizen or official, the resulting federal sentence gets much, much longer. The enhanced penalties range from adding 30 months up to 10 extra years, depending on the crime and the severity of the harm caused. This is aimed squarely at deterring state-sponsored violence and intimidation on U.S. soil.

The 'Foreign Government' Surcharge on Federal Crimes

The DETERRENCE Act targets a specific list of serious federal offenses, making them far riskier for anyone acting as a proxy for a foreign state. If you’re a busy professional, here’s the short list of crimes where the penalties are dramatically increased if a foreign government is involved:

• Kidnapping (Sec. 2): If the crime was directed by a foreign government, the sentence can be extended by up to 10 extra years. This applies to both the completed crime and conspiracies to commit it.
• Murder-for-Hire (Sec. 3): If a murder-for-hire plot used interstate commerce (like a phone call or email across state lines) and was directed by a foreign government, the judge can add up to 5 extra years. If personal injury resulted, that goes up to 10 extra years.
• Attacks on Federal Officials or Their Families (Sec. 4 & 6): If someone threatens or harms a federal official's family member to influence the official, and it’s directed by a foreign government, the sentence can increase by up to 10 years, especially if injury or murder is involved. Attacking the official themselves also carries up to 10 extra years if foreign-directed.
• Stalking (Sec. 5): If stalking is directed by a foreign government, the sentence can be increased by up to 30 months. If the stalking results in serious injury or death, the penalty can jump by 5 to 10 years.
• Attacks on the President/Staff (Sec. 7): Assassination, kidnapping, or assault targeting the President, Vice President, or other protected officials carries an extra 10 years if the crime was knowingly coordinated with a foreign government.

Real-World Stakes: Who This Affects

This legislation is a direct response to the growing threat of foreign state actors using criminal means to intimidate, silence, or eliminate perceived enemies—whether they are political dissidents, journalists, or U.S. government personnel. For the average person, this bill reinforces national security by making it much harder and riskier for foreign governments to operate criminal enterprises here.

Consider an engineer working on sensitive technology who is being stalked and harassed. If that harassment is proven to be directed by a foreign intelligence service trying to steal secrets or force the engineer to quit, the person doing the stalking faces a far tougher penalty under this bill (Sec. 5). The same logic applies to federal employees—from diplomats to law enforcement—who might be targeted by foreign adversaries. The bill aims to protect the integrity of the U.S. government and its personnel by increasing the cost of these proxy attacks.

The Fine Print: Coordination is Key

It’s important to note the high bar for triggering these enhanced sentences. The prosecution must prove that the crime was committed knowingly because a foreign government or its agent told them to or worked with them on it. This isn’t about just having a foreign contact; it’s about proving direct coordination or direction. While this bill is clear in its intent to deter foreign interference, the legal battles will likely center on the definition and proof of that "knowingly directed" coordination. Overall, the DETERRENCE Act is a focused effort to ensure that when crimes cross the line into state-sponsored terrorism or intimidation, the punishment fits the severity of the national security threat.