Safe Havens

Both parts of the aggravated felony crime of violence definition require “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another . . . .”[409]  This would seem to exclude offenses committed against one’s own property.  For example, if a person ripped his own telephone from the wall, that offense was committed against his own property, and would thus not be included within this crime of violence aggravated felony definition.  Similarly, attempted suicide represents a use of force against the person of oneself, and thus cannot be considered a crime of violence under these definitions.  Therefore, a conviction of attempted suicide does not constitute an aggravated felony, even if a sentence of one year or more is imposed.  A statute that is not limited to physical injury against person or property of another does not fall within this definition.[410]

[409] 18 U.S.C. § 16(a) (emphasis supplied).

[410] United States v. Jones, 231 F.3d 508, 519-520 (9th Cir. 2000) (California conviction of stalking, under Penal Code § 646.9(a) — “any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, is guilty” of stalking — did not constitute a crime of violence because on its face the statute was not limited to physical injury, and therefore was not a crime of violence).