Fill and Sign the Instruction of Weapon Form

1.1 Assaulting A Federal Officer (Without Use Of A Deadly Weapon) 18 USC § 11 1(a)(1) Title 18, Unit ed States Code, Sect ion 111(a)(1 ), makes it a Federal crime or offense for anyone to forcibly assault a Federal officer while the officer is engaged in t he performance of official duties. [You are instructed that a Special Agent of the Federal Bureau of Investigation is one of t he Federal officers referred to in that law , and that it is a part of the official duty of such an officer to execute arrest warrants issued by a Judge or Magistrate Judge of this Court.] The Defendant can be found guilt y of the offense of assaulting a Federal officer only if all of t he following facts are proved beyond a reasonable doubt: First: That the Defendant forcibly assaulted the person described in the indictment; Second: That the person assault ed w as a Federal officer as described above, then engaged in the performance of an official duty, as charged; and Third: That the Defendant act ed knowingly and willfully. The term " forcible assault" means any willful attempt or threat to inflict injury upon someone else, w hen coupled with an apparent present ability t o do so, and includes any intentional display of force that would give a reasonable person cause to expect immediate bodily harm even though the threat or attempt is not actually carried out and the victim is not actually injured. It is not necessary t o show t hat t he Defendant knew that the person being forcibly assaulted was, at that time, a Federal officer carrying out an official duty so long as it is established beyond a reasonable doubt t hat the victim was, in fact, a Federal officer acting in the course of performing an official duty and that t he Defendant willfully committed a forcible assault upon the officer. On the other hand, the Defendant would not be guilty of a willful assault if t he evidence leaves you with a reasonable doubt concerning whet her t he Defendant knew the victim t o be a Federal officer and that the Defendant only acted because of a reasonable, good faith belief that self defense w as needed to protect against an assault by a private citizen. ANNOTATIONS AND COMMENTS 18 USC § 11 1(a)(1 ) provides: Whoever forcibly assaults, resists, opposes, impedes, intimidates or interferes with any [Federal officer or employee] designated in Section 11 14 of this tit le while engaged in or on account of t he performance of his official duties [shall be guilt y of an offense against t he United States], Maximum Penalty: Three (3) years imprisonment and applicable fine. Unit ed States v. Young, 464 F.2d 160 (5th Cir. 1 97 2); United States v. Danehy, 680 F.2d 1311 (1 1t h Cir. 1 982), although know ledge of the official capacity of the victim is unnecessary for convict ion, a Defendant may not be found guilty if the Defendant acts from t he mistaken belief that he or she is threatened with an intent ional tort by a private citizen. In connect ion w it h a claim of self -defense, see United States v. Alvarez, 75 5 F.2d 8 30 (11th Cir. 1 985), concerning an instruction about t he relevance of the Defendant' s state of mind and t he alternative methods t he government has to negate such a claim.