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10 U.S.C. § 928 — Art. 128. Assault

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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.

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Source location: Title 10, Chapter 47, § 928; chapter-047-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 843 — Art. 43. Statute of limitations

**(a) No Limitation for Certain Offenses.—** A person charged with absence without leave or missing movement in time of war, with murder, rape or sexual assault, or rape or sexual assault of a child, maiming of a child, kidnapping of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation. **(b) Five-year Limitation for Trial by Court-martial.—** (1) Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command. (2) (A) A person charged with having committed a child abuse offense against a child is liable to be tried by court-martial if the sworn charges and specifications are received during the life of the child or within ten years after the date on which the offense was committed, whichever provides a longer period, by an officer exercising summary court-martial jurisdiction with respect to that person. (B) In subparagraph (A), the term “child abuse offense” means an act that involves abuse of a person who has not attained the age of 16 years and constitutes any of the following offenses: (i) Any offense in violation of section 920, 920a, 920b, 920c, or 930 of this title (article 120, 120a, 120b, 120c, or 130), unless the offense is covered by subsection (a). (ii) Aggravated assault, assault consummated by a battery, or assault with intent to commit specified offenses in violation of [section 928 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section928&num=0&edition=prelim) (article 128). (C) In subparagr

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 671 to 728 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 671, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, defined “principal”. See [section 877 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section877&num=0&edition=prelim), Armed Forces. Section 672, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to accessories after the fact. See [section 878 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section878&num=0&edition=prelim). Section 673, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, authorized conviction of lesser included offense. See [section 879 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section879&num=0&edition=prelim). Section 674, act May 5, 1950, ch. 169, § 1, 64 Stat. 138, related to attempts. See [section 880 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim). Section 675, act May 5, 1950, ch. 169, § 1, 64 Stat. 138, related to conspiracy. See [section 881 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim). Section 676, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to solicitation. See [section 882 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section882&num=0&edition=prelim). Section 677, act May 5, 1950, ch. 169, § 1, 64 Stat. 134, related to fraudulent enlistment, appointment, or separation. See [section 883 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section883&num=0&edition=prelim). Section 678, act May 5, 1950, ch. 169, § 1, 64 Stat. 135, related to unlawful enlistment, appointment, or separation. See [section 884 of Title 10](https://uscode.house.gov/view.xh

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 928 — Art. 128. Assault

Page 832 TITLE 10—ARMED FORCES § 927 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 927. Art. 127. Extortion Any person subject to this chapter who com- municates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 74.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 927 .......... 50:721. May 5, 1950, ch. 169, § 1 (Art. 127), 64 Stat. 141. The words ‘‘of any description’’ are omitted as sur- plusage. § 928. Art. 128. Assault (a) ASSAULT.—Any person subject to this chap- ter who, unlawfully and with force or violence— (1) attempts to do bodily harm to another person; (2) offers to do bodily harm to another per- son; 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 pun- ished 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 di- rect. (2) OFFENSES SPECIFIED.—The offenses re- ferred to in paragraph (1) are murder, vol- untary manslaughter,

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