10 U.S.C. § 930 — Art. 130. Stalking

Page 833 TITLE 10—ARMED FORCES § 930 bility 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. § 928b. Art. 128b. Domestic violence (a) IN GENERAL.—Any person who— (1) commits a violent offense against a spouse, an intimate partner, a dating partner, or an immediate family member of that per- son; (2) with intent to threaten or intimidate a spouse, an intimate partner, a dating partner, or an immediate family member of that per- son— (A) commits an offense under this chapter against any person; or (B) commits an offense under this chapter against any property, including an animal; (3) with intent to threaten or intimidate a spouse, an intimate partner, a dating partner, or an immediate family member of that per- son, violates a protection order; (4) with intent to commit a violent offense against a spouse, an intimate partner, a dating partner, or an immediate family member of that person, violates a protection order; or (5) assaults a spouse, an intimate partner, a dating partner, or an immediate family mem- ber of that person by strangling or suffocating; shall be punished as a court-martial may direct. (b) DEFINITIONS.—In this section, the terms ‘‘dating partner’’, ‘‘immediate family’’, and ‘‘in- timate partner’’ have the meanings given such terms in section 930 of this title (article 130). (Added Pub. L. 115–232, div. A, title V, § 532(a)(1), Aug. 13, 2018, 132 Stat. 1759; amended Pub. L. 116–92, div. A, title XVII, § 1731(a)(20), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 118–31, div. A, title V, § 531(d)(1), Dec. 22, 2023, 137 Stat. 259.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31 designated existing provisions as subsec. (a), inserted heading, inserted ‘‘a dating part- ner,’’ after ‘‘an intimate partner,’’ wherever appearing, and added subsec. (b). 2019—Pub. L. 116–92 inserted section catchline. Iden- tical section catchline had been editorially supplied. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 115–232, div. A, title V, § 532(b), Aug. 13, 2018, 132 Stat. 1760, provided that: ‘‘The amendments made by this section [enacting this section] shall take effect on January 1, 2019, immediately after the coming into effect of the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) [see Ta- bles for classification] as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).’’ § 929. Art. 129. Burglary; unlawful entry (a) BURGLARY.—Any person subject to this chapter who, with intent to commit an offense under this chapter, breaks and enters the build- ing or structure of another shall be punished as a court-martial may direct. (b) UNLAWFUL ENTRY.—Any person subject to this chapter who unlawfully enters— (1) the real property of another; or (2) the personal property of another which amounts to a structure usually used for habi- tation or storage; shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 75; Pub. L. 114–328, div. E, title LX, § 5442, Dec. 23, 2016, 130 Stat. 2954.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 929 .......... 50:723. May 5, 1950, ch. 169, § 1 (Art. 129), 64 Stat. 142. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: ‘‘Any person sub- ject to this chapter who, with intent to commit an of- fense punishable under sections 918–928 of this title (ar- ticles 118–128), breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility 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. [§ 929a. Art. 129a. Omitted] Editorial Notes CODIFICATION Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 75, § 930; renumbered § 929a, Pub. L. 114–328, div. E, title LX, § 5401(10), Dec. 23, 2016, 130 Stat. 2939, which related to the offense of housebreaking, was omitted in the gen- eral amendment of sections 929 and 929a of this title by Pub. L. 114–328, div. E, title LX, § 5442, Dec. 23, 2016, 130 Stat. 2954. See section 929(b) of this title. § 930. Art. 130. Stalking (a) IN GENERAL.—Any person subject to this chapter— (1) who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate part- ner, or to his or her dating partner; (2) who has knowledge, or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner; and (3) whose conduct induces reasonable fear in the specific person of death or bodily harm, in- cluding sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner; is guilty of stalking and shall be punished as a court-martial may direct. Page 834 TITLE 10—ARMED FORCES § 931 (b) DEFINITIONS.—In this section: (1) The term ‘‘conduct’’ means conduct of any kind, including use of surveillance, the mails, an interactive computer service, an electronic communication service, or an elec- tronic communication system. (2) The term ‘‘course of conduct’’ means— (A) a repeated maintenance of visual or physical proximity to a specific person; (B) a repeated conveyance of verbal threat, written threats, or threats implied by con- duct, or a combination of such threats, di- rected at or toward a specific person; or (C) a pattern of conduct composed of re- peated acts evidencing a continuity of pur- pose. (3) The term ‘‘dating partner’’, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of— (A) the length of the relationship; (B) the type of relationship; (C) the frequency of interaction between the persons involved in the relationship; and (D) the extent of physical intimacy or sex- ual contact between the persons involved in the relationship. (4) The term ‘‘repeated’’, with respect to conduct, means two or more occasions of such conduct. (5) The term ‘‘immediate family’’, in the case of a specific person, means— (A) that person’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or (B) any other person living in his or her household and related to him or her by blood or marriage. (6) The term ‘‘intimate partner’’, in the case of a specific person, means— (A) a former spouse of the specific person, a person who shares a child in common with the specific person, or a person who cohabits with or has cohabited as a spouse with the specific person; or (B) a person who has been in a social rela- tionship of a romantic or intimate nature with the specific person, as determined by the length of the relationship, the type of re- lationship, and the frequency of interaction between the persons involved in the rela- tionship. (Added Pub. L. 109–163, div. A, title V, § 551(a)(1), Jan. 6, 2006, 119 Stat. 3256, § 920a; renumbered § 930 and amended Pub. L. 114–328, div. E, title LX, §§ 5401(11), 5443, Dec. 23, 2016, 130 Stat. 2939, 2955; Pub. L. 118–31, div. A, title V, § 531(d)(2), Dec. 22, 2023, 137 Stat. 259.) Editorial Notes PRIOR PROVISIONS A prior section 930 was renumbered section 929a of this title and subsequently omitted from the Code. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 531(d)(2)(A), sub- stituted ‘‘to his or her intimate partner, or to his or her dating partner’’ for ‘‘or to his or her intimate part- ner’’ wherever appearing. Subsec. (b)(3) to (6). Pub. L. 118–31, § 531(d)(2)(B), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section set out elements of stalking and defined terms. Pub. L. 114–328, § 5401(11), renumbered section 920a of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility 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. EFFECTIVE DATE Pub. L. 109–163, div. A, title V, § 551(b), Jan. 6, 2006, 119 Stat. 3256, provided that: ‘‘Section 920a of title 10, United States Code (article 120a of the Uniform Code of Military Justice), as added by subsection (a), applies to offenses committed after the date that is 180 days after the date of the enactment of this Act [Jan. 6, 2006].’’ § 931. Art. 131. Perjury Any person subject to this chapter who in a ju- dicial proceeding or in a course of justice will- fully and corruptly— (1) upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or mat- ter of inquiry; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, subscribes any false statement material to the issue or matter of inquiry; is guilty of perjury and shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 75; Pub. L. 94–550, § 3, Oct. 18, 1976, 90 Stat. 2535; Pub. L. 97–295, § 1(13), Oct. 12, 1982, 96 Stat. 1289.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 931 .......... 50:725. May 5, 1950, ch. 169, § 1 (Art. 131), 64 Stat. 142. The words ‘‘in a’’ are inserted before the words ‘‘course of justice’’. Editorial Notes AMENDMENTS 1982—Par. (2). Pub. L. 97–295 struck out ‘‘United States Code,’’ after ‘‘title 28,’’. 1976—Pub. L. 94–550 divided existing provisions into an introductory phrase, par. (1), and a closing phrase, and added par. (2). § 931a. Art. 131a. Subornation of perjury (a) IN GENERAL.—Any person subject to this chapter who induces and procures another per- son— (1) to take an oath; and (2) to falsely testify, depose, or state upon such oath; shall, if the conditions specified in subsection (b) are satisfied, be punished as a court-martial may direct.