Criminal Law EPO #4-6

18 U.S.C. § 111

makes it punishable assaults on federal employees and other persons working for the federal government. Current, off-duty, retired fed employees, people who helped federal employees performing their duties (ex: TFO’s, contractors, etc.)

Battery  

Is an intentional, harmful or offensive touching of another person, without consent. Actual injury not required. A person does not need to actually touch another person with his own body to commit battery.

Assault

The perpetrator must intend to cause fear or apprehension of harm

Elements of Assault  18 U.S.C. § 111

• The defendant forcibly assaults 

• Any current or former federal employees 

• While they are engaged in or because of their official duties (example, while working undercover)

Forcibly defined 

• Forced actually used or imminently threatened

• Unwelcome physical contact or threats or displays of physical aggression toward an officer 

• Yes he is because the assault was the reason for something he did while performing his duty at the time. 

After serving a 20-year sentence, the defendant tracks down the arresting officer (now retired) and beats him up. Is he covered under 18 U.S.C. § 111?

Penalties

• Simple assault (no touching) - misdemeanor 

• Assault that involves contact, but does not result in bodily injury - Felony, no more than 8 years in prison 

• Assault that results in bodily injury or involves a deadly or non dangerous weapon - Felony, the maximum punishment is no more than 20 years in prison. 

Bribery

Title 18 U.S.C. § 201

Elements of Bribery

• Status of a person: Either public official or witness 

• Prohibited ActL either 

- Demands, seeks, receives, accepts, or agrees

- Briber who offers, promises, gives things in value  

To influence an official act

Things of value 

Direct or indirect (Can be given to someone directly or indirectly) 

• Anything of value such as money, automobiles, jewelry, promises of the future employment, sex, vacation, etc.  

The government must establish a connection between the “thing of value: " and an official act to be performed by the public official. 

How do you prove a §201 violation? 

NOT REQUIRED FOR BIRBERY 

• Actual transfer of thing of value

• Actual acceptance of things

Gratuities 

- An offense that involves giving, offering, promising, demanding, seeking, receiving, or accepting anything of value for, or because of any official act performed, or to be performed by the “public official” 

• Like a bribe but without corrupt intent to influence an official act by the public official 

• More like a thank you gift

Peonage

18 U.S.C. § 1581

Forced Labor

18 U.S.C. § 1589

Sex Trafficking

18 U.S.C § 1591

Peonage 18 U.S.C. § 1581

• Debt slavery, a system where an individual is compelled to work to pay off debt 

• Prohibits using force, the threat of force, or the threat of legal coercion to compel a person to work against their will 

• Victims involuntary servitude must be tied to the payment of a debt

Forced Labor 18 U.S.C. § 1589

• Providing or obtaining labor by threats of or actual serious or physical restraint, by causing the victims to believe they would suffer serious harm or restraint through abuse or threatened abuse of the legal process.

Sex Trafficking 18 U.S.C § 1591

• Falls under for children as well

• Causing a person to engage in commercial sex under certain statutorily enumerated conditions 

• Any commercial sex act means any sex act, an account of which anything of value is given to or received by any person

• Direct (actually committing the act of sex trafficking) or indirect (benefitting from such venture)

• The specific conditions are:

- The use of force, fraud, or coercion 

- Conduct involving any victims from adults to minors