§113 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Gives punishments for people who commit assault in places under U.S. maritime and territorial jurisdiction. Penalties depend on what the attacker meant to do and the harm caused. The law lists eight types with set maximum jail terms (and allows a fine): intent to commit murder or a crime under section 2241 or 2242 — up to 20 years; intent to commit another felony — up to 10 years; assault with a dangerous weapon intending to harm — up to 10 years; striking, beating, or wounding — up to 1 year; simple assault — up to 6 months (up to 1 year if the victim is under 16); assault causing serious bodily injury — up to 10 years; assault causing substantial bodily injury to a spouse, intimate or dating partner, or a person under 16 — up to 5 years; and strangling or suffocating (or trying to) a spouse, intimate, or dating partner — up to 10 years. Key terms, briefly: substantial bodily injury = a temporary but major disfigurement or a temporary but major loss or impairment of a body part or mental function. Serious bodily injury = the meaning given in section 1365. Dating partner and spouse or intimate partner = the meanings given in section 2266. Strangling = intentionally, knowingly, or recklessly blocking breathing or blood flow by pressing the throat or neck, even if no visible injury or intent to kill. Suffocating = intentionally, knowingly, or recklessly blocking breathing by covering the mouth, nose, or both, even if no visible injury or intent to kill.

Title 18, §113

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:

(1)Assault with intent to commit murder or a violation of section 2241 or 2242, by a fine under this title, imprisonment for not more than 20 years, or both.

(2)Assault with intent to commit any felony, except murder or a violation of section 2241 or 2242, by a fine under this title or imprisonment for not more than ten years, or both.

(3)Assault with a dangerous weapon, with intent to do bodily harm, by a fine under this title or imprisonment for not more than ten years, or both.

(4)Assault by striking, beating, or wounding, by a fine under this title or imprisonment for not more than 1 year, or both.

(5)Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both.

(6)Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both.

(7)Assault resulting in substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years, by a fine under this title or imprisonment for not more than 5 years, or both.

(8)Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both.

(b)In this section—

(1)the term “substantial bodily injury” means bodily injury which involves—

(A)a temporary but substantial disfigurement; or

(B)a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty;

(2)the term “serious bodily injury” has the meaning given that term in section 1365 of this title;

(3)the terms “dating partner” and “spouse or intimate partner” have the meanings 11 So in original. Probably should be “meaning”. given those terms in section 2266;

(4)the term “strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and

(5)the term “suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 455 (Mar. 4, 1909, ch. 321, § 276, 35 Stat. 1143). Opening paragraph was added to preserve the jurisdictional limitation provided for by section 451 of title 18, U.S.C., 1940 ed., now section 7 of this title. (See reviser’s note thereunder.) Phraseology was simplified.

Editorial Notes

Amendments

2013—Subsec. (a)(1). Pub. L. 113–4, § 906(a)(1)(A), added par. (1) and struck out former par. (1) which read as follows: “Assault with intent to commit murder, by imprisonment for not more than twenty years.” Subsec. (a)(2). Pub. L. 113–4, § 906(a)(1)(B), substituted “violation of section 2241 or 2242” for “felony under chapter 109A”. Subsec. (a)(3). Pub. L. 113–4, § 906(a)(1)(C), struck out “and without just cause or excuse,” after “bodily harm,”. Subsec. (a)(4). Pub. L. 113–4, § 906(a)(1)(D), substituted “1 year” for “six months”. Subsec. (a)(7). Pub. L. 113–4, § 906(a)(1)(E), substituted “substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years” for “substantial bodily injury to an individual who has not attained the age of 16 years” and “a fine” for “fine”. Subsec. (a)(8). Pub. L. 113–4, § 906(a)(1)(F), added par. (8). Subsec. (b). Pub. L. 113–4, § 906(a)(2), inserted heading, substituted “In this section—” for “As used in this subsection—”, and added pars. (3) to (5). 1996—Pub. L. 104–294, § 604(b)(12)(B), repealed Pub. L. 103–322, § 320101(c)(1)(A), (2)(A). See 1994 Amendment note below. Pub. L. 104–294, § 604(b)(7), repealed Pub. L. 103–322, § 170201(c)(1)–(3). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 330016(2)(B), substituted “a fine under this title” for “fine of not more than” through the immediately following dollar amount wherever appearing. Pub. L. 103–322, § 320101(c), as amended by Pub. L. 104–294, § 604(b)(12)(B), which directed the amendment of subsec. (c) by substituting “ten years” for “five years” and the amendment of subsec. (e) by substituting “six months” for “three months”, were executed by making the substitutions in subsecs. (a)(3) and (a)(5), respectively, to reflect the probable intent of Congress and the redesignation of subsecs. (c) and (e) as subsecs. (a)(3) and (a)(5), respectively. See below. Pub. L. 103–322, § 170201(a)–(d), as amended by Pub. L. 104–294, § 604(b)(7), designated existing provisions as subsec. (a), redesignated former subsecs. (a) to (f) as pars. (1) to (6), respectively of subsec. (a) and realigned margins, inserted before period at end of par. (5) “, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both”, and added subsecs. (a)(7) and (b). 1986—Subsec. (a). Pub. L. 99–646, § 87(c)(2), and Pub. L. 99–654, § 3(a)(2), amended subsec. (a) identically, striking out “or rape” after “murder”. Subsec. (b). Pub. L. 99–646, § 87(c)(3), and Pub. L. 99–654, § 3(a)(3), amended subsec. (b) identically, substituting “a felony under chapter 109A” for “rape”. 1976—Subsec. (f). Pub. L. 94–297 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Effective Date

of 1986

Amendments

by Pub. L. 99–646 and Pub. L. 99–654 effective respectively 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an

Effective Date

note under section 2241 of this title.

§113 Assaults Within Maritime and Territorial Jurisdiction

Summary

Title 18, §113

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Effective Date

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