8.4 Assault with Intent to Commit Murder or Other Felony (18 U.S.C. §§ 113(a)(1), (2))

            The defendant is charged in [Count _______ of] the indictment with assault with intent to commit [specify felony] in violation of Section 113(a)[(1)][(2)] of Title 18 of the United States Code.  For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

            First, the defendant assaulted [name of victim] by intentionally [[striking] [wounding]] [[him] [her]] [using a display of force that reasonably caused [him] [her] to fear immediate bodily harm];

            Second, the defendant did so with the intent to commit [specify felony]; and

            Third, the assault took place on [specify place of federal jurisdiction].

Comment

            Assaults proscribed by 18 U.S.C. § 113 are those committed “within the special maritime and territorial jurisdiction of the United States.”  See 18 U.S.C. § 7 for the definition of “special maritime and territorial jurisdiction of the United States.”

            When the assault consists of a display of force, it must actually cause reasonable apprehension of immediate bodily harm; fear is a necessary element.  United States v. Skeet, 665 F.2d 983, 986 n.1 (9th Cir. 1982).

            Assault with intent to commit murder is a specific intent crime.  United States v. Jones, 681 F.2d 610, 611 (9th Cir. 1982).

Revised Sept. 2016