The Protect and Serve Act of 2025 creates a new federal crime in 18 U.S.C. §120 for knowingly assaulting a law enforcement officer resulting in serious bodily injury, with penalties including up to 10 years in prison, fines, or both. If death results, or if the offense involves kidnapping or an attempted killing, the punishment can extend to any term of years or life.
The bill adds circumstances that bring the offense under federal purview when the conduct crosses state lines, uses interstate or foreign channels, or otherwise affects interstate commerce. It also requires the Attorney General, or a designee, to certify federal jurisdiction in cases where it is not plainly appropriate, while preserving federal investigative and prosecutorial authority.
Definitions for “law enforcement officer” and “State” are provided, and a clerical amendment places the new section in the title 18 table of sections.
At a Glance
What It Does
The bill creates a new federal offense for knowingly assaulting a law enforcement officer causing serious bodily injury, with up to 10 years’ imprisonment, and harsher penalties (including life) if death, kidnapping, or an attempted killing occurs. It triggers federal jurisdiction in contexts involving interstate travel, commerce, weaponry, or other cross-border aspects.
Who It Affects
Federal, state, and local law enforcement officers; prosecutors; agencies coordinating cross-border investigations; and defense attorneys representing individuals charged under the new section.
Why It Matters
It aims to standardize a federal response to violence against officers, particularly when crimes involve cross-border or interstate activity or affect commerce, and to ensure federal interest is asserted when warranted by severity or circumstances.
More articles like this one.
A weekly email with all the latest developments on this topic.
What This Bill Actually Does
The bill adds a new crime to the federal criminal code aimed at protecting law enforcement officers from serious harm. Under the new section, someone who knowingly assaults a law enforcement officer and causes serious bodily injury faces a maximum of 10 years in federal prison, with the possibility of a longer sentence or life if the assault results in death or involves kidnapping or an attempted killing.
The act makes clear that these offenses may be prosecuted federally in situations where the crime crosses state lines, uses interstate or foreign channels, or otherwise implicates interstate commerce. A formal process requires the Attorney General to certify federal jurisdiction in certain cases, ensuring that federal charges are appropriate when a state case exists but federal interest remains strong.
The definitions section clarifies who counts as a law enforcement officer and what constitutes a “State,” ensuring consistent applicability across jurisdictions. Finally, the bill adds a clerical amendment to insert the new section into the table of sections in chapter 7 of Title 18.
This is a policy lever to deter attacks on officers and to align federal enforcement with cross-border or commerce-connected contexts, while preserving state authority where appropriate.
The Five Things You Need to Know
The bill creates a new federal offense under 18 U.S.C. §120 for knowingly assaulting a law enforcement officer resulting in serious bodily injury.
Baseline penalties include up to 10 years’ imprisonment, fines, or both; death, kidnapping, or attempted killing can trigger life imprisonment.
Federal jurisdiction is activated in contexts involving interstate travel, cross-border activity, or effects on interstate commerce.
The Attorney General must certify federal prosecution in certain cases; state prosecutions can be superseded if justified by federal interest.
Definitions for “law enforcement officer” and “State” are clarified to ensure consistent application across jurisdictions.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Crimes targeting law enforcement officers
Section 2 adds a new federal offense to Title 18, creating §120 which makes it a crime to knowingly assault a law enforcement officer resulting in serious bodily injury. The statute sets the sentencing framework—up to 10 years in prison for the basic offense, with life terms if death results or if kidnapping or an attempted killing occurs. This section anchors the federal response to violence against officers and ties penalties to the severity of outcomes.
Cross-border and commerce-related triggers
Subsection (b) outlines circumstances expanding federal jurisdiction: offenses that occur across state lines or via interstate/foreign channels, use of interstate or foreign commerce, and situations where the crime interferes with commerce. It also covers use of weapons or other instrumentalities that have traveled in interstate or foreign commerce. These triggers align federal reach with modern criminal activity that crosses jurisdictions and markets.
Certification requirement for federal prosecution
Subsection (c) introduces a written certification process requiring the Attorney General, or a designee, to certify that federal prosecution is appropriate when jurisdiction is not straightforward. The provision preserves federal investigative and prosecutorial authority while ensuring federal action reflects the public interest and avoids duplicative or inappropriate charges.
Definitions and clerical amendment
Subsection (d) defines ‘law enforcement officer’ and ‘State’ to include public agency employees engaged in law enforcement activities across federal, state, and local levels. A clerical amendment adds the new §120 entry to the table of sections for Chapter 7 of Title 18, signifying the statutory change and facilitating reference in legal texts.
This bill is one of many.
Codify tracks hundreds of bills on Justice across all five countries.
Explore Justice in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Line officers across federal, state, and local agencies who operate in high-risk, cross-border contexts enjoy a stronger federal deterrent against attacks.
- Federal and local prosecutors gain a clearer, codified basis for charging related offenses in cross-jurisdictional cases and for coordinating multi-agency investigations.
- Victims and families of officers harmed by violence gain a higher expectation of accountability and a consistent federal response when applicable.
Who Bears the Cost
- Potentially increased federal prosecutions and associated courtroom and detention costs borne by the federal government.
- Defendants charged under §120 face substantially higher penalties, with risk of enhanced sentences in death, kidnapping, or attempted killing scenarios.
- States may need to coordinate with federal authorities to determine jurisdiction, potentially shifting some cases from state to federal hands in certain circumstances.
Key Issues
The Core Tension
Should the federal government expand its reach to punish assaults on officers in cross-border and interstate contexts with uniform, severe penalties, while maintaining respect for state roles and avoiding overcriminalization or arbitrary federal intervention?
The bill makes a strong policy statement about protecting law enforcement through more uniform federal penalties in the most severe cases and in cross-jurisdictional contexts. However, it introduces a certification gate that could delay or filter federal action, depending on how the Attorney General exercises discretion.
There is also an important tension between aggressive federal penalties and respect for state sovereignty—especially in cases where state authorities are already pursuing related offenses. The definitions and the clerical amendment reduce ambiguity but do not fully resolve how these provisions will interplay with existing statutes and with proportionality concerns in sentencing across diverse jurisdictions.
Try it yourself.
Ask a question in plain English, or pick a topic below. Results in seconds.