Journalist Protection Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3121 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3121

To amend title 18, United States Code, to provide a penalty for assault 
              against journalists, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2023

 Mr. Swalwell (for himself, Ms. Norton, Mr. Keating, and Ms. Moore of 
  Wisconsin) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide a penalty for assault 
              against journalists, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Journalist Protection Act''.

SEC. 2. ASSAULT AGAINST JOURNALISTS.

    (a) In General.--Chapter 7 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 120. Assault against journalists
    ``(a) Definitions.--In this section:
            ``(1) Bodily injury; serious bodily injury.--The terms 
        `bodily injury' and `serious bodily injury' have the meanings 
        given those terms in section 1365(h).
            ``(2) Journalist.--The term `journalist' means an 
        individual who--
                    ``(A) is an employee, independent contractor, or 
                agent of an entity or service that disseminates news or 
                information--
                            ``(i) by means of a newspaper, nonfiction 
                        book, wire service, news agency, news website, 
                        mobile application or other news or information 
                        service (whether distributed digitally or 
                        otherwise), news program, magazine, or other 
                        periodical (whether in print, electronic, or 
                        other format); or
                            ``(ii) through a television broadcast, 
                        radio broadcast, multichannel video programming 
                        distributor (as defined in section 602 of the 
                        Communications Act of 1934 (47 U.S.C. 522)), or 
                        motion picture for public showing; and
                    ``(B) engages in newsgathering with the primary 
                intent to investigate an event or procure material in 
                order to disseminate to the public news or information 
                concerning a local, national, or international event or 
                other matter of public interest.
            ``(3) Newsgathering.--The term `newsgathering' means 
        engaging in regular gathering, preparation, collection, 
        photographing, recording, writing, editing, reporting, or 
        publishing concerning a local, national, or international event 
        or other matter of public interest.
    ``(b) Prohibited Conduct.--Whoever, in or affecting interstate or 
foreign commerce, intentionally commits, or attempts to commit--
            ``(1) an act described in subsection (c) shall be fined 
        under this title or imprisoned not more than 3 years, or both; 
        or
            ``(2) an act described in subsection (d) shall be fined 
        under this title or imprisoned not more than 6 years, or both.
    ``(c) Bodily Injury to a Journalist.--An act described in this 
subsection is an act--
            ``(1) that causes bodily injury to an individual who is a 
        journalist;
            ``(2) committed with knowledge or reason to know the 
        individual is a journalist; and
            ``(3) committed--
                    ``(A) while the journalist is taking part in 
                newsgathering; or
                    ``(B) with the intention of intimidating or 
                impeding newsgathering by the journalist.
    ``(d) Serious Bodily Injury to a Journalist.--An act described in 
this subsection is an act--
            ``(1) that causes serious bodily injury to an individual 
        who is a journalist;
            ``(2) committed with knowledge or reason to know the 
        individual is a journalist; and
            ``(3) committed--
                    ``(A) while the journalist is taking part in 
                newsgathering; or
                    ``(B) with the intention of intimidating or 
                impeding newsgathering by the journalist.''.
    (b) Clerical Amendment.--The table of sections for chapter 7 of 
title 18, United States Code, is amended by adding at the end the 
following:

``120. Assault against journalists.''.
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