U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 1— GENERAL PROVISIONS

18 U.S.C. § 16

Crime of violence defined

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The term “crime of violence” means—(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another, or(b) 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.(Added Pub. L. 98–473, title II, § 1001(a), Oct. 12, 1984, 98 Stat. 2136.)Editorial NotesConstitutionality

For information regarding the constitutionality of this section, as added by section 1001(a) of Pub. L. 98–473, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Notes of Decisions
Cited in 2,398 cases (362 in the last 5 years), 1973–2026 · leading case: United States v. Gregorio Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 2016).
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United States v. Gregorio Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 2016). · cites it 84× “HIGGINSON, Circuit Judge, joined by DAVIS, JONES, SMITH, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, and COSTA, Circuit Judges: This case presents the question whether the “crime of violence” definition provided by 18 U.S.C. § 16 (b), when incorporated by reference into…”
Fernandez-Ruiz v. Gonzales, 466 F.3d 1121 (9th Cir. 2006). · cites it 73× “GONZALES panel went on to hold that Fernandez-Ruiz’s class two misde- meanor domestic violence offense constituted a crime of vio- lence under 18 U.S.C. § 16 (a) and rendered him removable under 8 U.”
James Dimaya v. Loretta E. Lynch, 803 F.3d 1110 (9th Cir. 2015). · cites it 38× “Reaffirming that a noncitizen may bring a void for vagueness challenge to the definition of a crime of violence in the Immigration and Nationality Act, the panel held that the language in 18 U.S.C. § 16 (b), which is incorporated into § 1101(a)(43)(F)’s definition of a crime of…”
United States v. Vargas-Duran, 356 F.3d 598 (5th Cir. 2003). · cites it 36× “2001), in which we applied a categorical approach and held that a Texas felony conviction for driving while intoxicated (DWI) was not a “crime of violence” under 18 U.S.C. § 16 (b) because the offense did not involve “recklessness as regards the substantial likelihood that the…”
United States v. Joseph Simms, 914 F.3d 229 (4th Cir. 2019). · cites it 13× “at 7 (interpreting 18 U.S.C. § 16 (b) to “require[]” categorical analysis); see also United States v.”
Martin, 23 I. & N. Dec. 491 (BIA 2002). · cites it 69× “Department of Justice Executive Office for Immigration Review Board of Immigration Appeals The offense of third-degree assault in violation of section 53a-61(a)(1) of the Connecticut General Statutes, which involves the intentional infliction of physical injury upon another, is…”
United States v. Gregorio Gonzalez-Longoria, 813 F.3d 225 (5th Cir. 2016). · cites it 24× “GRADY JOLLY, Circuit Judge: In this appeal, we address for the first time whether 18 U.S.C. § 16’s statutory definition of “crime of violence” is unconstitutionally vague.”
Sessions v. Dimaya, 138 S. Ct. 1204 (2018). · cites it 6× “An aggravated felony includes “a crime of vio- lence (as defined in [ 18 U. S. C. §16 ] . . . ) for which the term of im- prisonment [is] at least one year.”
Irma Ovalles v. United States, 905 F.3d 1231 (11th Cir. 2018). · cites it 12× “Section 16's residual clause is similar to the clause invalided in Johnson and essentially identical to § 924(c)(3)'s residual clause at issue here.”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). · cites it 20× “" [7] See 18 U.S.C. § 16 ; U.S.S.G. § 2L1.2 cmt. 1(B)(iii); U.”
United States v. Bell, 158 F. Supp. 3d 906 (N.D. Cal. 2016). · cites it 21× “The Ninth Circuit has since extended this definition of “physical force” to other generic offense provisions, including 18 U.S.C. § 16 (a) and U.S.S.G. § 2L1.2, both of which define “crime of violence” using language that is identical or essentially identical to that used in the…”
United States v. Voisine, 778 F.3d 176 (1st Cir. 2015). · cites it 59× “Six cases analyzed 18 U.S.C. § 16 . In Oyebanji v. Gonzales, 418 F.”
Show all 2,398 citing cases →
— 18 U.S.C. § 16(a) — 2 cases
Damaso-mendoza v. Holder, 653 F.3d 1245 (10th Cir. 2011).
Senthil Manalan v. State (Tex. App. 2019).
— 18 U.S.C. § 16(b) — 12 cases
United States v. Yonas Eshetu, 863 F.3d 946 (D.C. Cir. 2017).
Altin Shuti v. Loretta Lynch, 828 F.3d 440 (6th Cir. 2016).
Thomas Anthony Dalton v. John Ashcroft, Attorney Gen. of the United States Immigr. & Naturalization Serv., 257 F.3d 200 (2d Cir. 2001).
United States v. Bell, 158 F. Supp. 3d 906 (N.D. Cal. 2016). “The Ninth Circuit has since extended this definition of “physical force” to other generic offense provisions, including 18 U.S.C. § 16 (a) and U.S.S.G. § 2L1.2, both of which define “crime of violence” using language that is identical or essentially identical to that used in the…”
Victor B. Valencia v. Alberto R. Gonzales, Attorney Gen., 439 F.3d 1046 (9th Cir. 2006).
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