11th Cir. Pattern Jury Instr. (Criminal) O1.1

without Use of a Deadly Weapon

18 USC § 111(a)(1) – Felony Offense

It’s a Federal crime to forcibly assault a Federal officer [causing physical

contact] [intending to commit another felony] while the officer is performing

official duties.

The Defendant can be found guilty of this crime only if all the

following facts are proved beyond a reasonable doubt:

(1) the Defendant “forcibly assaulted” the person described in

the indictment;

(2) the person assaulted was a Federal officer performing an

official duty; and

(3) the Defendant’s acts [resulted in physical contact with the

person assaulted] [involved the intent to commit another felony].

A “forcible a ssault” is an intentional threat or att empt to cause serious

bodily injury when the ability to do so is apparent and immediate. It includes any

intentional display of force that would cause a reasonable person to expect

immediate and serious bodily harm or death.

The Government must prove beyond a reasonable doubt that the victim

was a Federal officer performing an official duty and that the Defendant forcibly

assaulted the officer. Whether the Defendant knew at the time that the victim was

a Federal officer carrying out an official duty does not matter.

[But you can’t find that a forcible assault occurred if you believe that the

Defendant acted only on a reasonable good-faith belief that self-defense was

necessary to protect against an assault by a private citizen, and you have a

reasonable doubt that the Defendant knew that the victim was a Federal officer.]

[A [name of agent type, e.g., Special Agent or I.R.S. Agent] of the [name of

agency], is a Federal officer and has the official duty to [describe function at issue

in case].]