PRIA, Government Policy, Made Personal

Summary

Defines who counts as a "violent offender" for this part of the law. A person is a violent offender if they are charged with or convicted of a crime punishable by more than one year in prison and, during that crime, they carried or used a gun or dangerous weapon, caused a death or serious injury, or used force against another person — even if those facts are not part of the crime’s official elements. A person is also a violent offender if they have one or more prior felony convictions for a crime that used or tried to use force with the intent to cause death or serious bodily harm. For juvenile drug courts, a "violent offender" means a juvenile convicted or adjudicated delinquent for a felony-level offense that either has as an element the use, attempted use, or threatened use of physical force (or possession/use of a firearm), or is the kind of crime that involves a substantial risk that physical force may be used.

Title 34, §10613

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(a)In general

Except as provided in subsection (b), in this subchapter, the term “violent offender” means a person who—

(1)is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct—

(A)the person carried, possessed, or used a firearm or dangerous weapon;

(B)there occurred the death of or serious bodily injury to any person; or

(C)there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or conduct of which or for which the person is charged or convicted; or

(2)has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.

(b)Definition for purposes of juvenile drug courts

For purposes of juvenile drug courts, the term “violent offender” means a juvenile who has been convicted of, or adjudicated delinquent for, a felony-level offense that—

(1)has as an element, the use, attempted use, or threatened use of physical force against the person or property of another, or the possession or use of a firearm; or

(2)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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 3797u–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2008—Subsec. (a)(1). Pub. L. 110–199 inserted “that is punishable by a term of imprisonment exceeding one year” after “convicted of an offense” in introductory provisions. 2006—Subsec. (b). Pub. L. 109–162 substituted “a felony-level offense that” for “an offense that” in introductory provisions.

Statutory Notes and Related Subsidiaries

Construction

of 2008 AmendmentFor

Construction

Amendments

and provisions set out as a note below by Pub. L. 110–199 and requirements for grants made under such

Amendments

and note, see section 60504 of this title. Period for Compliance Pub. L. 110–199, title I, § 103(b), Apr. 9, 2008, 122 Stat. 668, provided that: “Notwithstanding section 2952(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u–1(2)) [now 34 U.S.C. 10612(2)], each grantee under part EE of such Act [34 U.S.C. 10611 et seq.] shall have not more than 3 years from the date of the enactment of this Act [Apr. 9, 2008] to adopt the definition of ‘violent offender’ under such part, as amended by subsection (a) of this section [amending this section].”

§10613 Definition

Summary

Title 34, §10613

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Construction

Construction

Amendments

Amendments

Citations & Metadata