Violent Insurrection Recidivist Enhancement Act of 2026

(1) There is a compelling governmental interest in protecting democratic institutions, governmental functions, and public safety.

(2) Attacks have occurred against the constitutional order that undermine democratic institutions, seek to stop governmental functions, and endanger public safety.

(3) One such violent attack, the January 6, 2021 attack on the United States Capitol, constituted an unprecedented assault on democratic institutions.

(4) Recidivist enhancements for those guilty of actual or attempted insurrection, and associated conduct, are necessary to reflect the seriousness of the offense, deter future attacks on constitutional governance, and incapacitate the defendants from committing future such acts.

The term Violent Insurrection means any person who—

(A) unlawfully entered the United States Capitol, White House, or Supreme Court building or grounds in violation of sections 1361 and 1752 of title 18, United States Code, or section 5104 of title 40, United States Code, the symbols of our highest government institutions—

(i) engaged in violence or threatened violence against any person on these grounds in response to actual or perceived election results or activities and in violation of sections 111 and 372 of title 18, United States Code, or section 5104 of title 40, United States Code;

(ii) obstructed, influenced, or impeded any official proceeding related to the certification of electoral votes or related to an election in violation of section 1512(c) and (k) of title 18, United States Code, or section 5104 of title 40, United States Code; or

(iii) damaged or destroyed property on the United States Capitol, White House, or Supreme Court building or grounds in violation of section 1361 of title 18, United States Code, or section 5104 of title 40, United States Code, and in response to actual or perceived election results or activities;

(B) attempted to commit any of the foregoing acts; or

(C) conspired to commit any of the foregoing acts.

The term Act of Prior Violent Insurrection means a prior conviction for conduct constituting a violent insurrection as defined in subsection (a) without regard to—

(A) whether the conviction was subsequently pardoned; or

(B) whether the conviction was set aside.

A defendant may receive an enhanced sentence under this Act if—

(1) the defendant is convicted of an act of violent insurrection as defined in section 3;

(2) the defendant has engaged in prior act of violent insurrection as defined in section 3; and

(3) the instant Federal crime was committed after the effective date of this Act.

Except as provided in paragraphs (2) and (3), the person may receive an additional term of imprisonment of no more than 4 years.

If the underlying Federal crime is punishable by imprisonment of 10 years or more, the person may receive an additional term of imprisonment of 5 years.

If the underlying Federal crime involves—

(A) violence or threatened violence against any Federal official or employee in violation of sections 111 and 372 of title 18, United States Code, or section 5104 of title 40, United States Code;

(B) damage to Federal property in violation of section 1361 of title 18, United States Code, or section 5104 of title 40, United States Code;

(C) obstruction of any official Federal proceeding in violation of section 1512(c) and (k) of title 18, United States Code, or section 5104 of title 40, United States Code; or

(D) any crime occurring on Federal property in violation of section 1361 of title 18, United States Code, or section 5104 of title 40, United States Code;

the person may receive an additional term of imprisonment of 10 years.

Any person convicted of a Federal crime enumerated in this subsection who has engaged in a pattern of anti-democratic conduct may be sentenced to life imprisonment with a minimum term of 15 years if convicted of—

(1) treason (18 U.S.C. 2381);

(2) seditious conspiracy (18 U.S.C. 2384);

(3) advocating overthrow of government (18 U.S.C. 2385);

(4) murder of a Federal official (18 U.S.C. 1114);

(5) rebellion or insurrection (18 U.S.C. 2383); or

(6) assassination or assault upon the President or successors (18 U.S.C. 1751).

Nothing in this Act shall be construed to deny or limit the constitutional rights of any individual.

Any person sentenced under this Act shall have the right to appeal both the underlying conviction and the enhanced penalty.