FEDERAL MODELS BY OFFENSE - PRACTICE NOTES
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Assault – Elements Of 18 USC 111 (Title 18 - Sections 111-116): Whether Physical Touching Is Required

PRACTICE NOTE: The meaning of 18 USC 111 has divided federal courts of appeals. Some courts, including the Second Circuit has interpreted the statute as creating three offenses: (1) a simple assault that, in accordance with the common-law
definition, does not involve touching, (2) and "all other cases" assault that involves contact but that does not result in bodily injury or involve a weapon and (3) assaults resulting in bodily injury or involving a weapon. (See United States v. Chestaro,  197 F3d 600 (2nd Cir. 1999).)

    The Eighth Circuit defined "simple assault" not only in terms of its common-law meaning but also with reference to the definition of "simple assault" in 18 USC 113, which prohibits assaults within the United States’ maritime and territorial jurisdiction. (See United States v. Yates,  304 F3d 818 (8th Cir. 2002).) The Yates court declined to limit "simple assault" to assaults that do not involve touching or a weapon.

    The Tenth Circuit has held that an indictment under the statute that does not allege a physical touching or an intent to commit a designated felony must be treated as a misdemeanor. (United States v. Hathaway, 318 F3d 1001 (10th Cir. 2003).)