Federal - Assult - The Feiler Law Firm

Assault is an intentional unlawful threat by word or act to commit violence against a person. However, to be charged with such an offense no actual act of violence against the other person needs to occur but rather the person need only be rightfully fearful that such violence is imminently possible. In some jurisdictions assault is defined as not only the threat of violence against another person but also includes the threat of any physical contact without the other person's consent.

Title 18 of the United States Statutory Code 111 defines the federal crime of assaulting, resisting, or impeding certain officers or employees of the government. The statute states as follows:

In general. - Whoever-
1. forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in 1114 of this title while engaged in or on account of the performance of official duties; or
2. forcibly assaults of intimidates any person who formerly served as a person designated in 1114 on account of the performance of official duties during such person's term of service, shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
Enhanced penalty. - Whoever, in the commission of any acts described in subsection

(a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
Title 18 of the United States Statutory Code 112 goes further to describe the protection of foreign officials, official guests, and internationally protected persons against violent acts as follows:

Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official, official guest, or internationally protected person or makes any other violent attack upon the person or liberty of such person, or, if likely to endanger his person or liberty, makes a violent attack upon his official premises, private accommodation, or means of transport or attempts to commit any of the foregoing shall be fined under this title or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon, or inflicts bodily injury, shall be fined under this title or imprisoned not more than ten years, or both.

Whoever willfully -
1. intimidate, coerces, threatens, or harasses a foreign official or an official guest or obstructs a foreign official in the performance of his duties;
2. attempts to intimidate, coerce, threaten, or harass a foreign official or an official guest or obstruct a foreign official in the performance of his duties; or
3. within the United States and within one hundred feet of any building or premises in who or in part owned, used, or occupied for official business or for diplomatic, consular, or residential purposes by -
  1. a foreign government, including such use as a mission to an international organization;
  2. an international organization;
  3. a foreign official; or
  4. an official guest;
  congregates with two or more other persons with intent to violate any other provision of this section; shall be fined under this title or imprisoned not more than six months, or both.
4. For the purpose of this section "foreign government", "foreign official", "internationally protected person", "international organization", "national of the United States", and "official guest" shall have the same meanings as those provided in 1116(b) of this title.
5. Nothing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States.
6. If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if
  1. the victim is a representative, officer, employee, or agent of the United States,
  2. an offender is a national of the United States, or
  3. an offender is afterwards found in the United States.
    As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any places within the provision of 5 and 7 of this title and 46501(2) of title 49.
7. In the course of enforcement of subsection (a) and any other sections prohibiting a conspiracy or attempt to violate subsection
8. the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.

Title 18 of the United States Code 113 addresses assaults within maritime and territorial jurisdiction as follows:

Whoever, with the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows :
1. Assault with intent to commit murder, by imprisonment for not more than twenty years.
2. Assault with intent to commit any felony, except murder or a felony under chapter 109A, by fine under this title or imprisonment for not more than ten years, or both.
3. Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by fine under this title or imprisonment for not more than ten years, or both.
4. Assault by striking, beating, or wounding, by a fine under this title or imprisonment for not more than six months, or both.
5. Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both.
6. Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both.
7. Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by a fine under this title or imprisonment for not more than 5 years, or both.

As used in this subsection -
1. the term "substantial bodily injury" means bodily injury which involves
  1. a temporary but substantial disfigurement; or
  2. a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty; and
2. the term "serious bodily injury" has the meaning given that term in 1365 of this title.

Title 18 of the United States Code 114 addresses maiming within maritime and territorial jurisdictions as follows :

Whoever, within the special maritime and territorial jurisdiction of the United States, and with intent to torture (as defined in 2340), maim, or disfigure, cuts, bites, or slits the nose, ear, or lip, or cuts out or disables the tongue, or puts out or destroys an eye, or cuts off or disables a limb or any member of another person; or Whoever, within the special maritime and territorial jurisdiction of the United States, and with like intent, throws or pours on another person, any scalding water, corrosive acid, or caustic substance-- Shall be fined under this title or imprisoned not more than twenty years, or both.

Title 18 of the United States Code 115 defines the crime of influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member as follows :

Whoever -
1. assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under 114 of this title; or
2. threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section, with intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties, shall be punished as provided in subsection (b).
Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or a member of the immediate family of any person who formerly served as a person designated in paragraph (1), with intent to retaliate against such person on account of the performance of official duties during the term of service of such person, shall be punished as provided in subsection (b).
1. The punishment for an assault in violation of this section is -
  1. a fine under this title; and
  2. 1. if the assault consists of a simple assault, a term of imprisonment for not more than 1 year;
    2. if the assault involved physical contact with the victim of that assault or the intent to commit another felony, a term of imprisonment for not more than 10 years;
    3. if the assault resulted in bodily injury, a term of imprisonment for not more than 20 years; or
    4. if the assault resulted in serious bodily injury (as that term is defined in 1365 of this title, and including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate 2241 or 2242 of this title) or a dangerous weapon was used during and in relation to the offense, a dangerous weapon was used during and in relation to the offense, a term of imprisonment for not more than 30 years.
2. A kidnapping, attempted kidnapping, or conspiracy to kidnap in violation of this section shall be punished as provided in 1201 of this title for the kidnapping or attempted kidnapping of, or a conspiracy to kidnap, a person described in 1201(a)(5) of this title.
3. A murder, attempted murder, or conspiracy to murder in violation of this section shall be punished as provided in 1111, 1113, and 1117 of this title.
4. A threat made in violation of this section shall be punished by a fine under this title or imprisonment for a term of not more than 10 years, or both, except that imprisonment for a threatened assault shall not exceed 6 years.
As used in this section, the term -
1. "Federal law enforcement officer" means any officer, agent, or employee of the United States authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law;
2. "immediate family member" of an individual means -
  1. his spouse, parent, brother or sister, child or person to whom he stands in loco parentis; or
  2. any other person living in his household and related to him by blood or marriage;
3. "United States judge" means any judicial officer of the United States, and includes a justice of the Supreme Court and a United States magistrate judge; and
4. "United States official" means the President, President-elect, Vice President, Vice President-elect, a Member of Congress, a member-elect of Congress, a member of the executive branch who is the head of a department listed in 5 U.S.C. 101, or the Director of the Central Intelligence Agency.
This section shall not interfere with the investigative authority of the United States Secret Service, as provided under 3056, 871, and 879 of this title.

Title 18 of the United States Code 116 address the crime of female genital mutilation as follows:

Except as provided in subsection (b), whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.
A surgical operation is not a violation of this section if the operation is -
1. necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or
2. performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.
In applying subsection (b)(1), no account shall be taken of the effect on the person on whom the operation is to be performed of any belief on the part of that person, or any other person, that the operation is required as a matter of custom or ritual.

Title 18 of the United States Code 117 defines the crime of domestic assault by an habitual offender as follows :

In general. - Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction -
1. any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; or
2. an offense under chapter 110A, shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years.
Domestic assault defined.-In this section, the term "domestic assault" means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.

Title 18 of the United States Code 118 defines the crime of interference with certain protective functions as follows:

Any person who knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged, within the United States or the special maritime territorial jurisdiction of the United States, in the performance of the protective functions authorized under 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709) or 103 of the Diplomatic Security Act (22 U.S.C. 4802) shall be fined under this title, imprisoned not more than 1 year, or both.

Title 18 of the United States Code 119 addresses protection of individuals performing certain official duties as follows :

In general. -Whoever knowingly makes restricted personal information about a covered person, or a member of the immediate family of that covered person, publicly available -

with the intent to threaten, intimidate, or incite the commission of a crime of violence against that covered person, or a member of the immediate family of that covered person; or

with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that covered person, or a member of the immediate family of that covered person, shall be fined under this title, imprisoned not more than 5 years, or both.

Definitions - In this section-

the term "restricted personal information" means, with respect to an individual, the Social Security number, the home address, home phone number, mobile phone number, personal email, or home fax number of, and identifiable to, that individual;

the term "covered person" means -

(A) an individual designated in 1114;

a grand or petit juror, witness, or other officer in or of, any court of the United States, or an officer who may be, or was, serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate;

an informant or witness in a Federal criminal investigation or prosecution; or

a State or local officer or employee whose restricted personal information is made publicly available because of the participation in, or assistance provided to, a Federal criminal investigation by that officer or employee;

the term "crime of violence" has the meaning given the term in 16; and

the term "immediate family" has the meaning given the

The Federal Jury Instructions in 24.03 reads as follows :

In order to sustain its burden of proof for the crime of forcibly assaulting, resisting, impeding, and interfering with a federal officer as charged in Count of the indictment, the government must prove the following four (4) essential elements beyond a reasonable doubt :

One : Defendant forcibly assaulted (the individual identified in the indictment);

Two : At the time of this forcible assault, (the person identified in the indictment) was an officer or an employee of the United States;

Three : (the individual identified as an officer or employer of the United States) was
engaged in official duties at the time of the assault; and

Four : The assault was done in a voluntarily and intentionally manner by Defendant.

The Federal Jury Instructions in 24.06 read as follows:

In order to sustain its burden of proof for the crime of forcibly assaulting a federal officer using a deadly or dangerous weapon as charged in Count of the indictment, the government must prove the following five (5) essential elements beyond a reasonable doubt:

One : Defendant forcibly assaulted (the individual identified in the indictment);

Two : At the time of this forcible assault, (the person identified in the indictment) was an officer or employee of the United States;

Three : (the individual identified as an officer or employee of the United States) was engaged in official duties at the time of the assault;

Four : The assault was made while using a deadly or dangerous weapon; and

Five: The assault was done in a voluntarily and intentionally manner by Defendant.

The Federal Jury Instructions in 25.03 read as follows:

In order to sustain its burden of proof for the crime of assault with intent to [commit murder][commit a felony] as charged in Count of the indictment, the government must prove the following three (3) essential elements beyond a reasonable doubt:

One : Defendant intentionally [struck] [injured] (the person identified in the indictment);

Two : Defendant did so with the intent to [murder ] [commit the felony named in Count of the indictment]; and

Three : Defendant intentionally [struck] [injured] (the person identified in the indictment) within the special maritime and territorial jurisdiction of the United States.

The Federal Jury Instructions in 25.06 reads as follows :

In order to sustain its burden of proof for the crime of assault with a dangerous weapon with intent to do great bodily harm and without cause or excuse as charged in Count of the indictment, the government must prove the following four (4) essential elements beyond a reasonable doubt:

One: Defendant intentionally [struck] [injured] (the individual named in the indictment);

Two: Defendant used a dangerous weapon, that is a , as charged in Count of the indictment;

Three: Defendant acted with the intent to do bodily harm to (the individual named in the indictment); and

Four: Defendant intentionally [struck] [injured] within the special maritime and territorial jurisdiction of the United States.

The Federal Jury Instructions in 25.09 reads as follows:

In order to sustain its burden of proof for the crime of assault resulting in serious bodily injury as charged in Count of the indictment, the government must prove the following three (3) essential elements beyond a reasonable doubt:

One: Defendant intentionally struck (the individual named in the indictment);

Two: Defendant intentionally [struck] [injured] (the individual named in the indictment) within the special maritime and territorial jurisdiction of the United States, and

Three: As a result of this assault, (the individual named in the indictment) suffered serious bodily injury.