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CRM 1500-1999

1566. Knowledge Of Victim's Status As A Federal Officer -- 18 U.S.C. §111 And 1114

Under 18 U.S.C. §§ 111 and 1114, the defendant does not have to have knowledge of the jurisdictional element. See United States v. Feola, 420 U.S. 671 (1975). Of course, the government must prove the official capacity of the victim as a jurisdictional element. When the defendant is charged with assaulting a federal officer "on account of the performance of official duties," the government must prove that the defendant's act was done with such purpose, but it is not necessary to prove that the accused had knowledge that the victim was a "Federal" officer.

[cited in JM 9-65.600]