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  •  Knowledge + Intent Not Same as "Willingly" (0+ / 0-)
    "willfully" and with "intent" are redundant
    Even when interpreting this very law  the appealate court found that the presence of "willingly" created a higher standard that the govt had to prove than "knowingly" and defined "willingly" as knowing the unlawful nature of the conduct (a lesser standard than "willingly" has been defined in other areas requiring knowledge of the specific law under which the conduct was unlawful.)

    Appellant Brett Bursey was convicted in early 2004 — after a bench trial conducted by a magistrate judge in the District of South Carolina — of willfully and knowingly entering and remaining in a posted, cordoned off, or otherwise restricted area where the President was temporarily visiting, in contravention of § 1752(a)(1)(ii) of Title 18 of the United States Code.
    Although "[d]ivining the meaning of `willfully' in criminal statutory mens rea terms has long bedeviled American courts," our assessment of whether, under this evidence, Bursey willfully violated the Statute does not present a close question. United States v. George, 386 F.3d 383, 389 (2d Cir.2004) (emphasis in original).8 Bursey need not have known of the Statute itself (nor, for that matter, the Regulations) in order to possess the requisite intent to violate it. See Bryan v. United States, 524 U.S. 184, 196, 118 S.Ct. 1939, 141 L.Ed.2d 197 (1998) (holding, in context of firearms statute, 18 U.S.C. § 922(a)(1)(D), that knowledge of conduct's general unlawfulness, rather than knowledge of particular criminal statute and regulations, is only requirement for willful violation).9 As the Bryan Court observed, for a defendant to have acted willfully, he must merely have "acted with knowledge that his conduct was unlawful." Id. at 193, 118 S.Ct. 1939. Thus, Bursey need not have had knowledge of the existence of the Statute — or its federal nature — in order to have willfully violated it.
    8 We focus our discussion on whether Bursey "willfully" violated the Statute, because, generally, "[m]ore is required" with respect to conduct performed willfully than conduct performed knowingly    Bryan v. United States, 524 U.S. 184, 193, 118 S.Ct. 1939, 141 L.Ed.2d 197 (1998); see also United States v. Jarvouhey, 117 F.3d 440, 442 (9th Cir.1997) (concluding willful violation of 18 U.S.C. § 924(a) requires "more culpable" mens rea than knowing violation). As a general proposition, the statutory term "knowingly" requires the Government to prove only that the defendant had knowledge of the facts underlying the offense. See Bryan, 524 U.S. at 192-93, 118 S.Ct. 1939.


    In only one section does HR 347 add the "intent to..." lanuage where it did not exist in the existing law,  and even for that section, unless you can show how the courts would find an individual's  
    intent to impede or disrupt the orderly conduct of Government business or official functions

    is the legal equivalent of

    blockquote>intent to unlawfully impede or unlawfully disrupt the orderly conduct of Government business or official functions or that the courts would deem any and all acts with the

    intent to impede or disrupt the orderly conduct of Government business or official functions
    as automatically unlawful and further deem all members of the public would have knowledge of that legal status for all such acts, the deletion of "willingly" makes a difference.

    The time has come to put the "Occ" in "DemOCCracy". Support (or create) the "Occupy" movement near you. Ordinary Citizens Count in this extraordinary Democcracy.

    by Into The Woods on Fri Mar 09, 2012 at 01:37:35 PM PST

    [ Parent ]

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