United States v. Sheila Mae Abraham, United States of America v. Henrietta W. Clark

Appellants were convicted of violating 18 U.S.C. § 111 , which makes it a felony to assault any person designated in section 1114 (which includes FBI agents) while engaged in the performance of official duties.

At trial, appellants argued that they were guilty, at most, of a violation of 18 U.S.C. § 1501 , which makes it a misdemeanor to assault any officer or authorized person serving or executing process.

On appeal, appellants recognize that Pietrzak v. United States, 188 F.2d 418, 420 (5th Cir. 1951) holds that section 111 may apply to an assault upon an officer serving process, and do not ask us to hold to the contrary.

This is understandable. The language of section 111 is not ambiguous. It prohibits any forcible assault on an FBI agent “in or on account of the performance of his official duties” without regard to what official duty the agent may be performing. In requesting the legislation, the Department of Justice stated the need in similarly broad and unambiguous terms: “This department has found need for similar legislation for the adequate protection of the special agents of the [the FBI], several of whom have been assaulted in the course of the year, while in the…