§1389 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is a crime to knowingly attack, batter, or damage the property of a U.S. servicemember or their immediate family because of the person’s military service or status, and trying or planning to do those things is also illegal. If the act is a simple assault or property damage of $500 or less, the offender faces a fine of $500 to $10,000 and up to 2 years in prison. If the property damage is more than $500, the fine is $1,000 to $100,000 and up to 5 years in prison. If the crime is a battery or an assault that causes bodily injury, the fine is at least $2,500 and the prison term is 6 months to 10 years. The rule does not apply to people who are under the military justice system (the Uniform Code of Military Justice). Defined terms: "Armed Forces" — as defined in section 1388; "immediate family member" — as defined in section 115; "United States serviceman" — a member of the Armed Forces and a former member for 5 years after discharge.

Title 18, §1389

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever knowingly assaults or batters a United States serviceman or an immediate family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or immediate family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall—

(1)in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years;

(2)in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and

(3)in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years.

(b)This section shall not apply to conduct by a person who is subject to the Uniform Code of Military Justice.

(c)In this section—

(1)the term “Armed Forces” has the meaning given that term in section 1388;

(2)the term “immediate family member” has the meaning given that term in section 115; and

(3)the term “United States serviceman”—

(A)means a member of the Armed Forces; and

(B)includes a former member of the Armed Forces during the 5-year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.

Editorial Notes

References in Text

The Uniform Code of Military Justice, referred to in subsec. (b), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.

§1389 Prohibition on Attacks on United States Servicemen on Account of Service

Summary

Title 18, §1389

Notes & Related Subsidiaries

Editorial Notes

References in Text

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