10 U.S.C. § 928

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 928 - Art. 128. Assault

(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.

10 U.S.C. § 928

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.

HISTORICAL AND REVISION NOTE
Revised section	Source (U.S. Code)	Source (Statutes at Large)
928(a)928(b)	50:722(a).50:722(b).	May 5, 1950, ch. 169, §1 (Art. 128), 64 Stat. 141.

EDITORIAL NOTES

AMENDMENTS2018-Subsec. (b)(3). Pub. L. 115-232 added par. (3).2017-Subsec. (b)(2). Pub. L. 115-91 struck out comma after "substantial bodily harm". 2016- Pub. L. 114-328 amended section generally. Prior to amendment, section related to the offenses of assault and aggravated assault.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115-232, div. A, title V, §531(b), Aug. 13, 2018, 132 Stat. 1759, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on January 1, 2019, immediately after the coming into effect of the amendment made by section 5441 of the Military Justice Act of 2016 ( division E of Public Law 114-328; 130 Stat. 2954) [which amended this section] as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note)."

EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115-91 effective immediately after the amendments made by div. E (§§5001-5542) of Pub. L. 114-328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115-91, set out as a note under section 801 of this title.

EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114-328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114-328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.