The "Protect and Serve Act of 2025" establishes federal jurisdiction over crimes targeting law enforcement officers, providing penalties for assaults resulting in serious injury or death, while also requiring certification from the Attorney General before federal prosecution can occur.
Thom Tillis
Senator
NC
The "Protect and Serve Act of 2025" establishes federal jurisdiction over crimes targeting law enforcement officers, particularly those resulting in serious bodily injury or death. It sets penalties, including imprisonment and fines, for offenders who assault officers under specific conditions, such as interstate implications or attacks on federal officers. The law requires the Attorney General to certify the necessity of federal intervention in cases where state jurisdiction is lacking or federal interests are not adequately addressed.
New Federal Law Creates Tough Penalties for Assaulting Law Enforcement: Up to Life in Prison
The 'Protect and Serve Act of 2025' just changed the game when it comes to assaulting law enforcement officers. This new federal law makes it a federal crime to knowingly assault a law enforcement officer, period. And if that assault causes "serious bodily injury"? You're looking at up to 10 years in prison, a hefty fine, or both. If the assault results in death, involves kidnapping (or attempted kidnapping), or is an attempt to kill? The penalty jumps to any term of years or life imprisonment.
Making It Federal
This law significantly expands federal jurisdiction. Before, these kinds of assaults were usually handled at the state level. Now, the feds can step in under several circumstances. Here's the breakdown: If the offender or victim crosses state lines, if the crime uses anything involved in interstate commerce (like a weapon that's been shipped across state lines), or if the victim is a federal law enforcement officer, it's automatically a federal case. (SEC. 2.)
Even if none of those apply, the feds can still get involved. The Attorney General (or someone they designate) just needs to certify in writing that the state can't handle it, asked for help, hasn't adequately addressed the public safety concerns, or that federal prosecution is "in the interest of justice." (SEC. 2.) That's a pretty broad set of conditions. Crucially, federal officers can investigate potential violations before getting this certification. (SEC. 2.)
Who's "Law Enforcement"?
The law defines a "law enforcement officer" as any government employee authorized to prevent, investigate, detain, or incarcerate individuals for criminal violations. (SEC. 2.) This is a broad definition, and is important because who is and is not included could be up for debate down the line.
Real-World Rollout
Imagine a scenario: A local police officer is assaulted during a traffic stop. If that officer suffers a concussion (which could potentially be classified as "serious bodily injury"), the person who assaulted them could now face federal charges, even if the incident wouldn't normally involve federal authorities. This could mean a tougher sentence and a different legal process than if the case were handled solely by the state.
The big question is whether this will lead to federal overreach in cases that states have traditionally handled. While the law aims to protect those who protect us, the broad language around federal jurisdiction and the Attorney General's certification power could be a point of contention. It also raises the stakes for anyone interacting with law enforcement, as even a seemingly minor altercation could potentially escalate to a federal case.