(a) In general

Chapter 67 of title 18, United States Code, is amended by adding at the end the following:

1390. Interference with National Guard protective zone

(a) Definition

In this section, the term posted protective zone means an area around a member of the National Guard—

(1)

the perimeter of which is not more than 15 feet from the member; and

(2)

that is marked by a verbal warning, visible signage, barricade tape, or other reasonable means.

(b) Offense

It shall be unlawful, during a deployment authorized under chapter 15 of title 10 or under title 32, for any person to knowingly enter or remain within a posted protective zone with the intent to impede, intimidate, or interfere with the official duties of a member of the National Guard who is within the posted protective zone.

(c) Penalties

(1) In general

Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned not more than 1 year, or both.

(2) Aggravated penalty

If, in the course of committing a violation of subsection (b), a person makes physical contact with, throws an object at, or spits on the member of the National Guard, the maximum term of imprisonment under paragraph (1) shall be 5 years.

(d) Rule of construction

Nothing in this section shall be construed to prohibit activity protected by the First Amendment to the Constitution of the United States that is conducted outside a posted protective zone.

(b) Technical and conforming amendment

The table of sections for chapter 67 of title 18, United States Code, is amended by adding at the end the following: