PRIA, Government Policy, Made Personal

Summary

People under military law who unlawfully use force or violence against someone — by trying to hurt them, threatening to hurt them, or actually hurting them — commit assault and must face the punishment a court-martial decides. Aggravated assault is more serious. It covers trying to hurt someone with a dangerous weapon, causing substantial or grievous bodily injury, or choking or suffocating someone, and it must be punished by a court-martial. Assault done with the intent to commit murder, voluntary manslaughter, rape, sexual assault, rape of a child, sexual assault of a child, robbery, arson, burglary, or kidnapping is also punishable by a court-martial.

Title 10, §928

Armed Forces, Source: USLM XML via OLRC

(a)Assault.—

Any person subject to this chapter who, unlawfully and with force or violence—

(1)attempts to do bodily harm to another person;

(2)offers to do bodily harm to another person; or

(3)does bodily harm to another person;

is guilty of assault and shall be punished as a court-martial may direct.

(b)Aggravated Assault.—

Any person subject to this chapter—

(1)who, with the intent to do bodily harm, offers to do bodily harm with a dangerous weapon;

(2)who, in committing an assault, inflicts substantial bodily harm or grievous bodily harm on another person; or

(3)who commits an assault by strangulation or suffocation;

is guilty of aggravated assault and shall be punished as a court-martial may direct.

(c)Assault With Intent to Commit Specified Offenses.—

(1)In general.—

Any person subject to this chapter who commits assault with intent to commit an offense specified in paragraph (2) shall be punished as a court-martial may direct.

(2)Offenses specified.—

The offenses referred to in paragraph (1) are murder, voluntary manslaughter, rape, sexual assault, rape of a child, sexual assault of a child, robbery, arson, burglary, and kidnapping.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 928(a)928(b)50:722(a).50:722(b).May 5, 1950, ch. 169, § 1 (Art. 128), 64 Stat. 141.

Editorial Notes

Amendments

2018—Subsec. (b)(3). Pub. L. 115–232 added par. (3). 2017—Subsec. (b)(2). Pub. L. 115–91 struck out comma after “substantial bodily harm”. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the offenses of assault and aggravated assault.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 Amendment Pub. L. 115–232, div. A, title V, § 531(b), Aug. 13, 2018, 132 Stat. 1759, provided that: “The

Amendments

made by subsection (a) [amending this section] shall take effect on January 1, 2019, immediately after the coming into effect of the amendment made by section 5441 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2954) [which amended this section] as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).”

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the

Amendments

made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

§928 Art. 128. Assault

Summary

Title 10, §928

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Amendments

Effective Date

Regulations

Citations & Metadata