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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

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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, rape, sexual assault, rape of a child, sexual assault of a child, rob- bery, arson, burglary, and kidnapping. (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 NOTES 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 AMENDMENTS 2018—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 as- sault 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 ef- fect 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 sec- tion] 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 sec- tion 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 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. § 928a. Art. 128a. Maiming Any person subject to this chapter who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which— (1) seriously disfigures his person by any mu- tilation thereof; (2) destroys or disables any member or organ of his body; or (3) seriously diminishes his physical vigor by the injury of any member or organ; is guilty of maiming and shall be punished as a court-martial may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 74, § 924; renum- bered § 928a, Pub. L. 114–328, div. E, title LX, § 5401(13)(A), Dec. 23, 2016, 130 Stat. 2939.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 924 .......... 50:718. May 5, 1950, ch. 169, § 1 (Art. 124), 64 Stat. 141. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 924 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-

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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-

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801

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

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

Page 695 TITLE 10—ARMED FORCES § 801 authorized, under regulations and policies of the Department of Defense and subject to subsection (b), to wear the insignia for that higher grade for a period of up to 14 days before assuming the duties of a position for which the higher grade is authorized. An officer who is so authorized to wear the insignia of a higher grade is said to be ‘‘frocked’’ to that grade. (b) RESTRICTIONS.—An officer may not be au- thorized to wear the insignia for a grade as de- scribed in subsection (a) unless— (1) the Senate has given its advice and con- sent to the appointment of the officer to that grade; (2) the officer has received orders to serve in a position outside the military department of that officer for which that grade is authorized; (3) the Secretary of Defense (or a civilian of- ficer within the Office of the Secretary of De- fense whose appointment was made with the advice and consent of the Senate and to whom the Secretary delegates such approval author- ity) has given approval for the officer to wear the insignia for that grade before assuming the duties of a position for which that grade is authorized; and (4) the Secretary of Defense has submitted to Congress a written notification of the in- tent to authorize the officer to wear the insig- nia for that grade. (c) BENEFITS NOT TO BE CONSTRUED AS ACCRU- ING.—(1) Authority provided to an officer as de- scribed in subsection (a) to wear the insignia of a higher grade may not be construed as confer- ring authority for that officer to— (A) be paid the rate of pay provided for an officer in that grade having the same number of years of service as that officer; or (B) assume any legal authority associated with that grade. (2) The period for which an officer wears

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 801

Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 801. This identifies an authority to review, not proof of applicability.

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 928

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