Secure Takedown and Obstruction Prevention Act
A BILL
To amend section 111 of title 18, United States Code, to prohibit barricading while evading arrest.
Sec. 2 Congressional findings
Sec. 3 Offense of barricading during arrest evasion
“(c) Barricading oneself during arrest evasion
“(1) Definitions—In this section:
“(A) Barricade—The term barricade means—
“(i) taking a position in a physical location that prevents immediate access by any Federal law enforcement officer; and
“(ii) refusing and resisting order to exit the location, or comply with other lawful direction, when the person knows or reasonably should know that the Federal law enforcement officer is attempting to apprehend the person.
“(B) Federal law enforcement officer—The term Federal law enforcement officer has the meaning given the term in section 115.
“(2) Offense—It shall be unlawful for any person to—
“(A) engage in barricading in the course of forcibly resisting a Federal law enforcement officer engaged in the performance of official duties, in violation of subsection (a)(1); or
“(B) aid, assist, or attempt to aid or assist another person in committing conduct described in subparagraph (A).
“(3) Penalty—Any person who violates paragraph (2)—
“(A) shall be fined under this title, imprisoned for not more than 3 years, or both; or
“(B) shall be fined under this title, imprisoned for not more than 5 years, or both, if, during the commission of a violation of paragraph (2)—
“(i) the violation creates a risk of or causes serious physical harm to any person;
“(ii) the person has possession or claims possession of a deadly weapon; or
“(iii) a third party is present and is unable to immediately and safely leave the physical location of the violation.”