10 U.S.C. § 928 — Art. 128. Assault
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 195 words · no verdicts yet
This section sets rules about art. 128. assault. It states the duties, permissions, limits, definitions, or penalties provided in the section.
(a) Assault . A person covered by 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; commits assault. The person must 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; commits aggravated assault. The person must be punished as a court-martial may direct. (c) Assault With Intent to Commit Specified Offenses. (1) In general . A person covered by this chapter who commits assault with intent to commit an offense specified in paragraph (2) must 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.
Any person subject to this chapter who, unlawfully and with force or violence—
attempts to do bodily harm to another person;
offers to do bodily harm to another person; or
does bodily harm to another person;
is guilty of assault and shall be punished as a court-martial may direct.
Any person subject to this chapter—
who, with the intent to do bodily harm, offers to do bodily harm with a dangerous weapon;
who, in committing an assault, inflicts substantial bodily harm or grievous bodily harm on another person; or
who commits an assault by strangulation or suffocation;
is guilty of aggravated assault and shall be punished as a court-martial may direct.
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.
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.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 75; Pub. L. 114–328, div. E, title LX, § 5441, Dec. 23, 2016, 130 Stat. 2954; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(P), Dec. 12, 2017, 131 Stat. 1599; Pub. L. 115–232, div. A, title V, § 531(a), Aug. 13, 2018, 132 Stat. 1759.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 2016Amended · Pub. L. 114-328 · 130 Stat. 2954
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1599
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1759
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
all 0 arguments · sorted by: best
no arguments yet — make the first case