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

QUESTION PRESENTED Under 18 U.S.C. § 924(c)(3)(A), a felony qualifies as a “crime of violence” if it “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” The courts of appeals are split on how to apply use-of-force language to crimes that require proof of a victim’s bodily injury or death but can be committed by inaction—that is, by omission. In the decision below, the Fourth Circuit held that a crime that requires proof of death or bodily injury necessarily involves the use of physical force, even if it can be committed by taking no action whatsoever. The question presented is: Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force. This Court has already granted certiorari in another case to resolve the circuit split on this same question, in Delligatti v. United States, S.Ct. No. 23-825. i