Aggravated Felonies
§ 5.17 3. 18 U.S.C. 16(a)
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The first prong of the aggravated felony crime of violence definition includes “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another . . . .”[109] This definition therefore requires:
(a) as an essential element of the offense, see § 5.18, infra.
(b) the use, or attempted or threatened use, see § 5.19, infra.
(c) of physical force, see § 5.20, infra.
(d) against the person or property of another, see § 5.21, infra.
(e) with intent. See § 5.22, infra.
Unless each of these elements is present, the conviction does not constitute a crime of violence aggravated felony under the first statutory definition.[110]
[109] 18 U.S.C. § 16(a).
[110] 18 U.S.C. § 16(a).
