Official victim
Encyclopedia
The official victim enhancement is a 3- or 6-level increase under the U.S. Sentencing Guidelines that applies when a person knowingly commits a crime against a government official and is motivated by that person's status. The provision also states, "If the official victim is an exceptionally high-level official, such as the President
or the Vice President of the United States
, an upward departure may be warranted due to the potential disruption of the governmental function." There are many crimes against federal officials that do not require, as an element of the offense, that the offender know the status of the victim, but this enhancement does. The victimization of the government official need not be the offense of conviction; it is possible, for instance, for the defendant to be convicted of robbing a bank and to get the official victim enhancement for harming a uniformed police officer
as he escapes. The assault on the officer is considered relevant conduct
. In cases involving threats against the President of the United States, courts have applied the official victim enhancement, rejecting arguments that in order for it to apply, "the President actually [had] been harmed, or ... [knew] of the existence of the defendant's letter." There has been a circuit split
in the federal appellate courts as to whether crimes against local government officials qualify for the official victim enhancement. 0.1% of federal cases involve the official victim enhancement.
The term "official victim" also is used in victimology
to refer to a four-stage process in which a person progresses from being a harmed, injured or suffering person(s) to perceiving or defining oneself as a victim, to claiming the victim role from social control agents or significant others and then to social control agents' recognition of the role claim — becoming an 'official victim' and receiving compensatory and supportive actions by social control agents.
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
or the Vice President of the United States
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
, an upward departure may be warranted due to the potential disruption of the governmental function." There are many crimes against federal officials that do not require, as an element of the offense, that the offender know the status of the victim, but this enhancement does. The victimization of the government official need not be the offense of conviction; it is possible, for instance, for the defendant to be convicted of robbing a bank and to get the official victim enhancement for harming a uniformed police officer
Police officer
A police officer is a warranted employee of a police force...
as he escapes. The assault on the officer is considered relevant conduct
Relevant conduct
Relevant conduct is an important concept in the U.S. Sentencing Guidelines. According to the U.S. Court of Appeals for the 2nd Circuit, relevant conduct is "almost a term of art as a result of its detailed exposition in Sections 1B1.3 , 4 ; and 3D1.2 ." The U.S...
. In cases involving threats against the President of the United States, courts have applied the official victim enhancement, rejecting arguments that in order for it to apply, "the President actually [had] been harmed, or ... [knew] of the existence of the defendant's letter." There has been a circuit split
Circuit split
In the context of United States federal courts, a circuit split exists when two or more circuits in the United States court of appeals system have different interpretations of federal law....
in the federal appellate courts as to whether crimes against local government officials qualify for the official victim enhancement. 0.1% of federal cases involve the official victim enhancement.
The term "official victim" also is used in victimology
Victimology
Victimology is the scientific study of victimization, including the relationships between victims and offenders, the interactions between victims and the criminal justice system — that is, the police and courts, and corrections officials — and the connections between victims and other social groups...
to refer to a four-stage process in which a person progresses from being a harmed, injured or suffering person(s) to perceiving or defining oneself as a victim, to claiming the victim role from social control agents or significant others and then to social control agents' recognition of the role claim — becoming an 'official victim' and receiving compensatory and supportive actions by social control agents.