The defendant must have used either force or the threat of force. The actions of the defendant must have injured, intimidated, or interfered with the named victim. The defendant must have acted because of the named victim's race, color or national origin and because the named victim was or had been enjoying the facilities of the Cue 'N Spirits, a place which serves the public and which is principally engaged in selling food or beverages for consumption on the premises and is a place of entertainment which serves the public. The defendant must have acted willfully. The first element requires proof that the defendant used force or threat of force against the named victim.
Force means power, violence, compulsion, or restraint exerted upon a person.
Force may be proven by finding that the defendant committed any form of violence against the victim. U.S. Code Cong. and Admin. The second element of this offense is that the defendant must have injured, interfered with, or intimidated the named victim. The third and fourth elements of this offense concern the defendant's intent. The Indictment charges that the defendant did willfully intimidate and interfere, or attempted to intimidate and interfere, with the victim because of his race, color, and national origin, and because he had been enjoying the facilities of a place of entertainment which serves the public or a public place which was principally engaged in selling beverages for consumption on the premises.