18 USC 16’s COV definition is vague!


The 5 th Circus joined the 7 th and 9 th recently, by finding that the definition of “crime of violence” found in 18 U.S.C. § 16, is unconstitutionally vague. This decision was consistent with the principles announced by the Supreme Court in Johnson v. United States , 135 S.Ct. 2551 (2015). In Johnson , the Court held that the ACCA violated the constitutional prohibition against vague criminal statutes by defining “violent felony” as any crime that “is burglary, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” 18 U.S.C. § 924(e)(2)(B). Section 16 contains a similar definition: a “crime of violence” is “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 the offense.”