Statute prohibiting interference with “national defense” materials is neither overbroad nor vague, nor subject to mistake-of-law defense
STATUTORY CONSTRUCTION United States v. Platte, No. 03-1345, ___ F.3d ___ (10th Cir. Mar. 17, 2005)(Colorado). Appeal of conviction for injury or destruction of national-defense materials or premises with intent to injure, interfere with, or obstruct national defense in violation of 18 U.S.C. § 2155(a) HELD: (1) Definition of "national defense" as "generic concept of broad connotations referring to military establishments and the related activities of national preparedness" used in jury instruction in prosecution under 18 U.S.C. § 2155(a) was neither overbroad nor vague. (2) District court did not err in refusing to issue mistake-of-law defense jury instruction where defendants asserted good-faith belief that statute prohibiting interference with national defense materials (i.e., nuclear missile launch facility) was invalid under treaties and international law. Read the opinion here. |
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