FlyerTalk Forums - View Single Post - Recent experience with TSA amounted to physical assault
Old Apr 15, 2008 | 8:19 am
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cestmoi123
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Originally Posted by Scubatooth
Please post links and cite references to federal code, because title 18 1114 only covers murder and attempted murder, and further checks and in talking with the legal adviser (IE Chief Counsel, whose a former Govt lawyer) for my employer says that doesnt apply to TSA, and you dont want to hear his opinion. Remember you are not a LEO your a employee of the federal government so your not considered a civil servant.
1. Title 18 paragaph 1114 does include just murder, but the relevant part of this section is the group of people to which it applies: "any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties."

2. Title 18 section 111 goes far beyond murder and attempted murder. It includes "forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties." If it's simple assault, it's up to one year - anything beyond that, and it's up to 8 years. These penalties apply to anyone covered by section 1114, which means all Federal employees. (http://www.law.cornell.edu/uscode/18...1----000-.html)

Therefore, put bluntly, you're wrong, and the "former government lawyer" is, if he actually said this, wrong too. It's a federal crime to assault any Federal employee when he's acting in his official capacity. Under these rules, punching a Dept. of Education employee while he's giving a presentation on innovations in phonics is a federal crime.

Last edited by cestmoi123; Apr 15, 2008 at 10:14 am Reason: removed response to religiously perjorative comment
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