PRIA, Government Policy, Made Personal

Summary

Anyone who hurts or uses violence against a spouse, intimate partner, dating partner, or immediate family member can be tried by a military court and punished. The law also covers someone who, to threaten or scare those people, commits other crimes against a person or against property (including an animal), breaks a protection order to threaten or to try to commit violence, or who chokes or suffocates them. The words "dating partner," "intimate partner," and "immediate family" are defined in section 930.

Title 10, §928b

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

Any person who—

(1)commits a violent offense against a spouse, an intimate partner, a dating partner, or an immediate family member of that person;

(2)with intent to threaten or intimidate a spouse, an intimate partner, a dating partner, or an immediate family member of that person—

(A)commits an offense under this chapter against any person; or

(B)commits an offense under this chapter against any property, including an animal;

(3)with intent to threaten or intimidate a spouse, an intimate partner, a dating partner, or an immediate family member of that person, violates a protection order;

(4)with intent to commit a violent offense against a spouse, an intimate partner, a dating partner, or an immediate family member of that person, violates a protection order; or

(5)assaults a spouse, an intimate partner, a dating partner, or an immediate family member of that person by strangling or suffocating;

shall be punished as a court-martial may direct.

(b)Definitions.—

In this section, the terms “dating partner”, “immediate family”, and “intimate partner” have the meanings given such terms in section 930 of this title (article 130).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Pub. L. 118–31 designated existing provisions as subsec. (a), inserted heading, inserted “a dating partner,” after “an intimate partner,” wherever appearing, and added subsec. (b). 2019—Pub. L. 116–92 inserted section catchline. Identical section catchline had been editorially supplied.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–232, div. A, title V, § 532(b), Aug. 13, 2018, 132 Stat. 1760, provided that: “The

Amendments

made by this section [enacting this section] shall take effect on January 1, 2019, immediately after the coming into effect of the

Amendments

made by the Military Justice Act of 2016 (division E of Public Law 114–328) [see Tables for classification] as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).”

§928b Art. 128b. Domestic Violence

Summary

Title 10, §928b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Amendments

Citations & Metadata