ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

18 U.S.C. § 113Assaults within maritime and territorial jurisdiction

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 480 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets federal criminal penalties for assault committed on U.S. maritime and territorial land, ranked by how serious the assault was. Penalties range up to 20 years for assault meant to kill or commit certain sex crimes, down to 6 months for simple assault. It also defines terms like "serious bodily injury" and "strangling."

(a) Anyone who commits an assault within U.S. special maritime and territorial jurisdiction is punished based on the type of assault: (1) Assault meant to commit murder or a violation of section 2241 or 2242 (certain sexual offenses): up to 20 years in prison, a fine, or both. (2) Assault meant to commit any other felony (not murder or those sex offenses): up to 10 years, a fine, or both. (3) Assault with a dangerous weapon, meant to cause bodily harm: up to 10 years, a fine, or both. (4) Assault by striking, beating, or wounding: up to 1 year, a fine, or both. (5) Simple assault: up to 6 months, a fine, or both — or up to 1 year if the victim is under 16. (6) Assault causing "serious bodily injury": up to 10 years, a fine, or both. (7) Assault causing "substantial bodily injury" to a spouse, intimate partner, dating partner, or someone under 16: up to 5 years, a fine, or both. (8) Assault on a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting either: up to 10 years, a fine, or both. (b) Definitions: (1) "Substantial bodily injury" means bodily injury involving (A) temporary but substantial disfigurement; or (B) temporary but substantial loss or impairment of a body part, organ, or mental faculty. (2) "Serious bodily injury" has the meaning given in section 1365 of this title. (3) "Dating partner" and "spouse or intimate partner" have the meanings given in section 2266. (4) "Strangling" means intentionally, knowingly, or recklessly blocking someone's normal breathing or blood circulation by pressing on their throat or neck, regardless of whether it leaves a visible injury or was meant to kill or seriously injure them. (5) "Suffocating" means intentionally, knowingly, or recklessly blocking someone's normal breathing by covering their mouth, nose, or both, regardless of whether it leaves a visible injury or was meant to kill or seriously injure them.
the actual law source: uscode.house.gov ↗public domain
(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)Definitions.—

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 1 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.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 94–297, § 3, May 29, 1976, 90 Stat. 585; Pub. L. 99–646, § 87(c)(2), (3), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(a)(2), (3), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 103–322, title XVII, § 170201(a)–(d), title XXXII, § 320101(c), title XXXIII, § 330016(2)(B), Sept. 13, 1994, 108 Stat. 2042, 2043, 2108, 2148; Pub. L. 104–294, title VI, § 604(b)(7), (12)(B), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 113–4, title IX, § 906(a), Mar. 7, 2013, 127 Stat. 124.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 689
  • 1976Amended · Pub. L. 94-297 · 90 Stat. 585
  • 1986Amended · Pub. L. 99-646 · 100 Stat. 3623
  • 1986Amended · Pub. L. 99-654 · 100 Stat. 3663
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2042, 2043, 2108, 2148
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3507
  • 2013Amended · Pub. L. 113-4 · 127 Stat. 124

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case