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1.2 Assaulting A Federal Officer (With Use Of A Deadly Weapon Or Inflicting Bodily Injury) 18 USC § 111(b) Title 18, United States Code, Section 111(b), makes it a Federal crime or offense for anyone to forcibly assault a Federal officer [using a deadly or dangerous weapon] [inflicting bodily injury] while the officer is engaged in the performance of official duties. [You are instructed that a Special Agent of the Federal Bureau of Investigation is one of the 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 guilty of the offense of assaulting a Federal officer [with a deadly weapon] [inflicting bodily injury] only if all of the following facts are proved beyond a reasonable doubt:First: That the Defendant forcibly assaulted the person described in the indictment;Second: That the person assaulted was a Federal officer, as described above, then engaged in the performance of an official duty, as charged;Third: That the Defendant acted knowingly and willfully; andFourth: That in so acting the Defendant [used a deadly or dangerous weapon] [inflicted bodily injury]. The term "forcible assault" means any willful attempt or threat to inflict injury upon someone else, when coupled with an apparent present ability to 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 that the victim was, in fact, a Federal officer acting in the course of performing an official duty and that the Defendant willfully committed a forcible assault upon the officer. On the other hand, the Defendant would not be guilty of a willful assault if the evidence leaves you with a reasonable doubt concerning whether the Defendant knew the victim to be a Federal officer and that the Defendant only acted because of a reasonable, good faith belief that self defense was needed to protect against an assault by a private citizen. [The term "deadly or dangerous weapon" includes any object capable of being readily used by one person to inflict severe bodily injury upon another person; and for such a weapon to have been "used," it must be proved that the Defendant not only possessed the weapon, but that the Defendant intentionally displayed the weapon in some manner while carrying out t he forcible assault.] [The term "bodily injury" means a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of a function of a bodily member, organ, or mental faculty; or any other injury to the body no matter how temporary.]ANNOTATIONS AND COMMENTS18 USC § 111(b) provides: Whoever, in the commission of any such act (i.e., a violation of § 111(a) - - assaulting a Federal officer) uses a deadly or dangerous weapon or inflicts bodily injury [shall be punished as provided by law]. Maximum Penalty: Ten (10) years imprisonment and applicable fine. United States v. Young, 464 F.2d 160 (5th Cir. 1972); United States v. Danehy, 680 F.2d 1311 (11th Cir. 1982), although knowledge of the official capacity of the victim is unnecessary for conviction, a Defendant may not be found guilty if the Defendant acts from the mistaken belief that he or she is threatened with an intentional tort by a private citizen. In connection with a claim of self-defense, see United States v. Alvarez, 755 F.2d 83 0 (11t h Cir. 1985), concerning an instruction about the relevance of the Defendant's state of mind and the alternative methods the government has to negate such a claim. The definition of "bodily injury" is from United States v. Myers, 972 F.2d 1566, 1572 (11th Cir. 1992), cert. denied, 507 U.S. 1017, 113 S.Ct. 1813, 123 L.Ed.2d 445 (1993), defining the term under 18 USC § 242. If the evidence justifies an instruction on the lesser included offense of assaulting a Federal officer without use of deadly weapon or inflict ion of bodily injury, see Special Instruction 10, Lesser Included Offense.