1. Short title This Act may be cited as the Defending Our Defenders Act . 2. Murder of law enforcement officers (a) In general Chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Murder of law enforcement officers (a) Federal law enforcement officers In the case of an individual who commits an offense described in section 1111 and the victim of the offense is a Federal law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (b) State and local law enforcement officers In the case of an individual who travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including the mail, telephone, radio, or television, with the intent to commit an offense described in section 1111 or who uses a weapon or instrument that has traveled in interstate or foreign commerce to commit said offense, and the victim of the offense is a State or local law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 )) acting in the course of the official duties of the officer, the individual shall be punished by death or by imprisonment for life. (c) Aggravating factors In determining whether a sentence of death is to be imposed on a defendant convicted of an offense described in subsection (a) or (b), the jury, or if there is no jury, the court, shall consider, in addition to the factors described in section 3592(c), each of the following aggravating factors for which notice has been given and determine which, if any, exist: (1) Intent to ambush The defendant committed the offense by an act of ambush. (2) Prior statements advocating for or promoting violence against law enforcement officers The defendant has a prior history of advocating for or promoting acts of violence,