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Cor 10
Researh Service
House Passes Bill to Amend the Federal
Crime of Violence Definition
October 11, 2018
Recently the House passed the Community Safety and Security Act of' 2018 (CSSA), which would amend
the federal crime of violence (COV) definition found at 18 U.S.C. § 16. Many federal statutes
incorporate that definition for various purposes, including describing elements of certain criminal
offenses, imposing enhanced prison sentences, or subjecting offenders to other penalties. The two-
pronged COV definition at 118 L.S.C § 16 covers (1) an offense that has as an element the actual,
attempted, or threatened use of physical force or (2) any felony offense that involves a substantial
risk of physical force. In Sessions v. Dimaj'a, the Supreme Court struck down the definition's second
prong on vagueness grounds, narrowing the scope of criminal offenses qualifying as COVs. In response
to the Court's decision, the House passed the CSSA, which would retain the COV definition's first prong,
but also amend that definition to include many enumerated criminal offenses. Because the CSSA adds to
the range of conduct covered by the COV definition, the bill's enactment may broaden the scope of
various laws incorporating that definition.
Background
In 1984, Congress passed the Comprehensive Crime Control Act (CCCA), which used the term crime of
violence in connection with elements of certain criminal offenses, conditions for issuing bail, and
circumstances where heightened criminal penalties were required. The CCCA also created a two-pronged
COV definition. That definition, codified at 18 U.S.C. § 16, covers:
(a) [A]n offense that has as an element the use, attempted use, or threatened use of physical force
against the person or property of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical
force against the person or property of another may be used in the course of committing any offense.
Congress later incorporated the COV definition into various statutes to describe proscribed conduct or
impose enhanced penalties. For example, under the Immigration and Nationality Act (INA), a non-U.S.
national (alien) convicted of a COV for which the term of imprisonment is at least one year may face
significant immigration consequences, including being rendered removable from the United States, as
well as being subject to mandatory detention pending removal proceedings and ineligible for
naturalization and many forms of relief from removal.
Congressional Research Service
https://crsreports.congress.gov
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