AMENDMENT 87
Section 2A2.3(a)(1) is amended by deleting "striking, beating, or wounding" and inserting in lieu thereof "physical contact, or if a dangerous weapon (including a firearm) was possessed and its use was threatened".
The Commentary to §2A2.3 captioned "Application Notes" is amended by deleting:
"2. ‘Striking, beating, or wounding’ means conduct sufficient to violate 18 U.S.C. § 113(d).",
and inserting in lieu thereof:
"2. Definitions of ‘firearm’ and ‘dangerous weapon’ are found in the Commentary to §1B1.1 (Application Instructions).".
The Commentary to §2A2.3 captioned "Background" is amended by deleting the last sentence as follows: "The distinction for striking, beating, or wounding reflects the statutory distinction found in 18 U.S.C. § 113(d) and (e).".
Reason for Amendment: The purpose of this amendment is to provide a clearer standard by replacing the phrase "striking, wounding, or beating" (a statutory phrase dealing with a petty offense) with "physical contact." The amendment also provides an enhanced offense level for the case in which a weapon is possessed and its use is threatened.
Effective Date: The effective date of this amendment is November 1, 1989.