Sunday, August 28, 2016

Assault is an element of EVERY § 111(a)(1) offense

Yes, it's true that the statute is titled "Assaulting, resisting, or impeding certain officers or employees." But every conviction under 18 U.S.C. § 111(a)(1) has an essential element of assault. So said the Tenth Circuit last week in United States v. Wolfname, finding that a district court's failure to instruct on the assault element was plain error necessitating a reversal of the defendant's "resisting and interfering" conviction.

Draft your jury instructions accordingly.

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