I need to commend follower Owen Hortop for finding this section of Federal jury instructions which answer the question about 18 U.S.C. §111 and whether the grey Honda following the ICE car while honking its horn was a violation of 18 U.S.C. §111. The reason that this was in question – i.e. how 18 U.S.C. §111 might be interpreted to apply to someone honking their horn – is because it mentions that “impeding” the agent in their duties is a violation. However the actual sentence of the law containing the word “impeding” reads that it is a crime if one ” “forcibly assaults, resists, opposes, impedes, intimidates or interferes.” I had read it to mean any of those things must be done “forcibly”. The Ninth Circuit agrees. These are from the Federal jury instructions that Owen found (good job, Owen!):
“The statutory language states that the crime can be committed by one who “forcibly assaults, resists, opposes, impedes, intimidates or interferes,” but the Ninth Circuit has held that regardless of the circumstances, “convictions under [111(a)] require at least some form of assault.” United States v. Chapman, 528 F.3d 1215, 1221 (9th Cir. 2008). Similarly, the court has held that a proper instruction may not reduce the concept of force or threatened force to the mere appearance of physical intimidation. United States v. Harrison, 585 F.3d 1155, 1160 (9th Cir. 2009).”
Here’s the original post about the gray Honda following the ICE agents while honking its horn:
https://www.facebook.com/share/p/1BBG8GRgkT/
And here’s the direct link to the jury instructions: https://www.ce9.uscourts.gov/jury-instructions/node/919
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