In United States v. Anderson, --- F.4th ---, No. 20-50207 (9th Cir. 2022), a divided Court affirmed Anderson’s jury conviction for threatening a person assisting federal officers and employees in violation of 18 U.S.C. § 115(a)(1)(B).
The issue was whether a private Protective Security Officer -- an employee of a private company that had been contracted by the Federal Protective Service to “provide security services at government-owned and leased properties" -- qualifies as a covered official for purposes of section 115(a)(1)(B).
The majority said yes. It held, "§ 115(a)(1)(B) includes all individuals covered by 18 U.S.C. § 1114." And § 1114 includes "any person assisting such an officer or employee in the performance of such duties."
"Although we acknowledge that Congress could have more carefully drafted 18 U.S.C. § 115, we join our sister circuits in concluding that, plainly read, the statute incorporates all persons covered by 18 U.S.C. § 1114. When Anderson threatened PSO Bacchus, he was assisting the FPS in performing its official duty to protect the Social Security Office. Thus, her conduct violated 18 U.S.C. § 115."
