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S. 1949IntroducedSenate · nowHousePresidentLawIn committee
Sec. 3 · S. 1949

Protection of officers and employees of the United States

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(a) Findings Congress finds the following: (1) Officers and employees of the United States Government dutifully and faithfully serve the United States, often placing themselves at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States. (2) In prohibiting the assaulting, resisting, or impeding of officers and employees of the United States Government, Congress intended to maximize protection for Federal officers and employees and ensure that individuals who kill or assault Federal officers or employees are prosecuted. (3) The United States Court of Appeals for the Sixth Circuit analyzed section 111 of title 18, United States Code, correctly when it found, Categorizing § 111(a)(1) as a general intent crime furthers the congressional objective: If a person acts in a manner which is assaultive toward a Federal official, without specifically intending harm or the apprehension of imminent harm, the official still would be impeded in the performance of his official duties. United States v. Kimes, 246 F.3d 800, 809 (6th Cir. 2001), quoting United States v. Jennings, 855 F. Supp. 1427, 1440 (M.D. Pa. 1994). (4) Federal courts, including the United States Courts of Appeals for the Second, Fourth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits, have correctly interpreted section 111 of title 18, United States Code, to be a crime of general intent rather than a crime of specific intent. (5) Other Federal courts, including the United States Courts of Appeals for the First, Fifth, and Tenth Circuits, have issued decisions with language arguably suggesting that section 111 of title 18, United States Code, is a crime of specific intent rather than a crime of general intent, creating the appearance of a split among the United States courts of appeals. (6) In light of the appearance of a split among the United States courts of appeals described in paragraph (5), it has become necessary for Congress to clarify its original intent that section 111 of title 18, United States Code, is a crime of general intent. (b) Amendment Section 111 of title 18, United States Code, is amended by adding at the end the following: (d) Knowledge of defendant In a prosecution for an offense under subsection (a), the Government need not prove that the defendant— (1) knew that the victim of the offense was a person designated in section 1114 or performed official duties during service as a person so designated; or (2) acted with any intent greater than knowledge..

Sec. 3: Protection of officers and employees of the United States · Public Law Tracker