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No. 23-825October Term 2024Decided Mar 21, 2025

Docket 23-825October Term 2024 (2024–2025)

Salvatore Delligatti, Petitioner v. United States

The Supreme Court held that a crime requiring proof of bodily injury or death constitutes a "crime of violence" under federal law, even if the crime can be committed through inaction or omission rather than an affirmative act.

Case status

Current stage
Decided
Latest event
Decision released Mar 21, 2025
Case Accepted
Arguments HeardNov 12, 2024
Decision ReleasedMar 21, 2025
What it's about

The Supreme Court held that a crime requiring proof of bodily injury or death constitutes a "crime of violence" under federal law, even if the crime can be committed through inaction or omission rather than an affirmative act. The Court reasoned that intentionally causing physical harm, regardless of the method, necessarily involves the use of physical force.

Question presented

Does a crime that requires proof of bodily injury or death, but which can be committed by failing to take action, have as an element the use, attempted use, or threatened use of physical force?

Case path

United States Court of Appeals for the Second Circuit / Decision released Mar 21, 2025

Area

Decided Supreme Court case