Forcible Act Required18 U.S.C. § 111 --
Application of Statute to Threats
Section 111 of Title 18 punishes anyone who "forcibly assaults,
opposes, impedes, intimidates or interferes with any person designated in 18
U.S.C. § 1114 or who formerly served as a person designated in
while engaged in or on account of the performance of his/her official
Force is an essential element of the crime. Long v. United States,
F.2d 717 (4th Cir. 1952). Whether the element of force, as required by the
statute, is present in a particular case is a question of fact to be
from all of the circumstances. The Long case indicates that a
force will satisfy the statute. Such a threat which reasonably causes a
officer to anticipate bodily harm while in the performance of his/her duties
constitutes a "forcible assault" within the meaning of 18 U.S.C. § 111.
See also United States v. Walker, 835 F.2d 983, 987 (2d Cir.
Gornick v. United States, 320 F.2d 325 (10th Cir. 1963). Thus, a
uttered with the apparent present ability to execute it, or with menacing
gestures, or in hostile company or threatening surroundings, may, in the
case, be considered sufficient force for a violation of 18 U.S.C.
These judicial decisions suggest a similar construction of the statutory
"resists, opposes, impedes, intimidates or interferes with."|
[cited in USAM 9-65.600]