10 USC 928 - Art. 128. Assault

U.S Code last checked for updates: Jan 19, 2025

§ 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.

(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.)

cite as: 10 USC 928