; or (B) any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; (2) any person travels or is transported in interstate or foreign commerce in the course of the commission of or in furtherance of the commission of the offense; or (3) any weapon, including a firearm, shipped or transported across State lines or in interstate or foreign commerce is used in committing or in furtherance of the commission of the offense. (d) Penalties (1) In general Any person that violates this section— (A) in the case of a killing, shall be punished as provided under sections 1111 and 1112; (B) in the case of an attempt to murder, or the use or attempted use of physical force against any person, shall be fined under this title, imprisoned for not more than 30 years, or both; and (C) in the case of any other violation of this section, shall be fined under this title, imprisoned for not more than 20 years, or both. (2) Exception If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment that may be imposed for the offense shall be the higher of— (A) the penalty described in paragraph (1); or (B) the maximum term that could have been imposed for any offense charged in the criminal case. (3) Attempt and Conspiracy Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. (e) Affirmative defense It is an affirmative defense to a prosecution under this section, which the defendant shall prove by a preponderance of the evidence, that— (1) the conduct committed by the defendant consisted solely of lawful conduct; and (2) the sole intention of the defendant in committing the conduct was to encourage, induce, or cause the other person to testify truthfully. (f) Pending proceeding