DETERRENCE Act (Foreign-Directed Federal Offense Sentencing Enhancements)
Current understanding
The DETERRENCE Act (S1136) would create sentencing enhancements applicable across federal criminal offenses when the underlying conduct is directed by, or coordinated with, a foreign government. As a due-process matter, the bill introduces a new aggravating factor that would apply broadly rather than being tied to a specific offense category, raising questions about how the foreign-direction element would be pleaded, proved, and reviewed at sentencing. Status: introduced; practical effect on defendants and prosecutors will depend on the statutory text defining ‘directed by or coordinated with’ and any required mens rea.