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10 U.S.C. § 928Art. 128. Assault

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 195 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.
the actual law source: uscode.house.gov ↗public domain
(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.

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.)

history & why it existsrecord from the source credit
  • 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.

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