This is a federal criminal prosecution.

No, there is no federal crime of "assault" (unless we are talking about an assault against a federal official). If he is chargeable in a particular state under that state's relevant statute, would not be a matter for a federal prosecution.

The federal statute in question is here:

https://www.law.cornell.edu/uscode/text/18/247

Cutting that down the operative language here:

(a) Whoever, in any of the circumstances referred to in subsection (b) of this section—
.....
(2) intentionally obstructs, by force or threat of force, any person in the enjoyment of that person’s free exercise of religious beliefs, or attempts to do so;
shall be punished as provided in subsection (d).

(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce.

...

(d) The punishment for a violation of subsection (a) of this section shall be—
(1) if death results...
(2) if bodily injury results...
(3) if bodily injury to any person....
(4) in any other case, a fine in accordance with this title and imprisonment for not more than one year, or both.


---------

In court on Tuesday, an apologetic Payne said he was drunk on the flight, and that since pleading guilty he has acquainted himself with other religions, including Islam. Payne also said that he recently visited a mosque.

“I’m embarrassed. I’m 100 percent embarrassed,” Payne said.

----

Do you believe he represents a continuing threat of this kind of behavior, and what is it you would like to see done to him?

Will there be another state prosecution? I don't necessarily want someone to be incarcerated merely to prove a point, but I guess that option is still out there.

If the purpose of the prosecution is to send a message, I think the attention this has gotten is a clear message.

If the purpose is protection of society, then the prosecutors and judge have first hand access to probe his sincerity.

If the purpose is punishment because it makes us feel good, then that's something to reflect upon.

I can understand totally why people were upset Brock Turner was not incarcerated longer, for example.

That being said, I think the defendant here got the message, seems at least according to the transcript to be remorseful, and the question is whether the victim wants to pursue this further. There is a high economic cost to incarceration. If he fucks up again, lock him up for a long time.

She has a private action for $ damages in battery. (I tell my students to think B=Battery=Beating up; assault creates an apprehension of battery, but doen't require physical contact.)

In criminal terms, it depends on the state law. Some track tort law - others are entirely different. For example, Ohio folds everything into assault (there is no criminal battery), and much of what we think of as assault is either not criminal - or falls under the crime of menacing.

He is confined for two months and out $5000 (plus whatever he paid his lawyer):

------
He was sentenced Tuesday in U.S. District Court to a year of probation, including two months of home confinement. U.S. Magistrate Judge Steven Yarbrough also ordered Payne to pay a $1,000 fine, along with a nearly $4,000 fee.
------

He has been confronted by the victim, who is also willing to forgive him:


-------
“You hurt me. You disrespected me. You violated me,” Abdel-Haq said in court. “I was scared, and it shouldn’t be like that.”

Before he announced the sentence, Yarbrough said he had taken into account Abdel-Haq’s willingness to forgive along with the public shaming Payne endured and his recent efforts to learn about world religions.

“I hope that that has made an impact on the way you see the world,” Yarbrough said.
----

...and he is still subject to state prosecution and a civil suit:

---
Abdel-Haq’s attorney, Ahmad Assed, said the family is considering a civil lawsuit, but for now Abdel-Haq is focused on moving past the incident. For now, they hope the case sends a message.
----

When you see a story about one aspect of a criminal prosecution, it is quite often related to that one particular charge, and not the larger picture.

than Payne will ever be.

That used to be a liberal notion.

but I am surrounded by these types of asshats down here, and they never do seem to grow.

https://m.

https://m.

thanks.

hopefully god cut her a break.

Under ANY circumstances?

i didn't even imply it. unless you're saying that god pulled it off? are you suggesting that god guided this drunken idiot's hand?

if this happened to a woman in your life? I am not a big fan of hijabs, but she has every right to wear one without fear of attack. Had I been in the position to stop this fool, I would have gladly done it.

glibness is entirely appropriate here. i find this absurd from start to finish.

much worse things than this have happened to women in my life. women in my life have been assaulted by strangers. women in my life have been raped. women in my life have died young.

worse things than this have probably happened to the woman in this case. he pulled her scarf off - how would you have been in a position to stop that, airplane vigilante?

physical injury to be a victim of assault. I can't believe this shit head is being defended here.

I was attacking Abrahamic Monotheism and it's inherent misogyny.

Jesus Christ.

and probably drunk.

is that the right answer? do i pass the DU hijab-defense league test?

no biggy?

when they dont have to. I hate those things.

*Obviously, DU knows best when it comes to muslims, granted.

I've been so down on DU lately. So I'm encouraged that my "radical left-wing ideas" (like right to privacy and personal freedoms) are shared by others here, so again thank you for plussing my post.

but that is her business, not ours, and no one has the right to rip it off her head.

I can't believe there are people who would defend what this asshole did.

Here's a simple rule - don't try to "fix" other people's religious practices that don't involve you.

There are Christian denominations which also involve headgear. Come to SE PA and liberate some Amish and Mennonites.

Many pagan women cover their heads - including using titchel and hijab style wraps, some even opting for niquab - as part of their spiritual practice.

I have great respect for the pastafarians who have fought and won for their right to wear colanders on their heads.



Whatever one's conscience requires one to wear on their head is fine with me.

an attractive part of them (their eyes).

too bad it didn't include a year of AA meetings, I suspect that's his main problem.

of course, pot smoking is a REAL crime, unlike assault.