Originally Posted by
SATTSO
Can I ask why you cite one part of the law, but ignore another part? Specifically, this:
"or lessens the ability of the employee to perform those duties, shall be fined under title 18, imprisoned for not more than 10 years, or both."
That has nothing to do with assault. Sorry.
Well, sorry, but I believe you're reading it wrong (though it would take examination of the legislative history to prove it). "by assaulting a Federal, airport, or air carrier
employee who has security duties within the airport" is a subordinate clause that modifies "a person." Phrased another way, the plain meaning of the statute is: People who commit assault and (1) interfere with the
performance of the duties of the employee or, (2) lessens the ability of the
employee to perform those duties," are liable under the statute. It doesn't make any sense your way, i.e. If you commit assault AND interfere, or, if you lessen the ability of an employee to perform duties, you're liable.