Aggravated Felonies

The United States Supreme Court has held that violent physical force must have been intentionally used in the commission of the offense in order to qualify as a crime of violence under 18 U.S.C. § 16(a).  It specifically held that certain criminal intent was required in the essential elements of the statute of conviction with respect to the use of force before a conviction would qualify as a “crime of violence” under 18 U.S.C. § 16(a) or (b) as follows:

            (a)  Strict Liability.  It held that a criminal statute with a mens rea requirement of strict liability was insufficient to qualify as a crime of violence.  See § 5.22(A), infra.

            (b)  Negligence.  It held that a criminal statute with a mens rea requirement of negligence was insufficient to qualify as a crime of violence.  See § 5.22(A), infra.

            (c)  Gross Negligence.  It strongly implied that a criminal statute with a mens rea requirement of gross negligence would not qualify as a crime of violence, since there was no requirement of intentional use of force.  See § 5.22(B), infra.

            (d)  Recklessness.  It strongly implied that a criminal statute with a mens rea requirement of recklessness would never qualify as a crime of violence, under 18 U.S.C. § 16(a), and almost never qualify under 18 U.S.C. § 16(b).  See § 5.22(C), infra. 

            (e)  Specific Intent to Use Force.  A conviction under a statute with an element requiring intent to use violent force would qualify as a crime of violence under 18 U.S.C. § 16(a).  A conviction under a statute with elements establishing a substantial risk that the defendant would intend to use violent force to commit the offense would qualify as a crime of violence under 18 U.S.C. § 16(b).