§ 928. Art. 128. Assault

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 75 · 70A Stat. 75

   Enacted · 10 U.S.C. § 928

   Aug. 10, 1956, ch. 1041, 70A Stat. 75

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 75

2. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LX § 5441 · 130 Stat. 2000

   Amended · 10 U.S.C. § 928

   Pub. L. 114–328 amended section generally. Prior to amendment, section related to the offenses of assault and aggravated assault

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, section related to the offenses of assault and aggravated assault.

   Enacted provision · exact public law section
   SEC. 5441. ASSAULT.   Section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), is amended to read as follows: “§ 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; or “(2) who, in committing an assault, inflicts substantial bodily harm, or grievous bodily harm on another person; 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.” .

   Effective date note
   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).”

3. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title X § 1081(c)(1)(P) · 131 Stat. 1283

   Struck · 10 U.S.C. § 928(b)(2)

   Pub. L. 115–91 struck out comma after “substantial bodily harm”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–91 struck out comma after “substantial bodily harm”.

   Enacted provision · exact public law section
   (P) Section 928(b)(2) (article 128(b)(2)), as amended by section 5441 of the Military Justice Act of 2016 (130 Stat. 2954), is further amended by striking the comma after “substantial bodily harm”.

4. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title V § 531(a) · 132 Stat. 1636

   Added · 10 U.S.C. § 928(b)(3)

   Pub. L. 115–232 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 115–232 added par. (3).

   Enacted provision · exact public law section
   (a) In General.— Subsection (b) of section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), is amended— (1) in paragraph (1), by striking “or” at the end; (2) in paragraph (2), by adding “or” after the semicolon; and (3) by inserting after paragraph (2) the following new paragraph: “(3) who commits an assault by strangulation or suffocation;” .

   Effective date note
   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).”

3 of 4 references resolved to an enrolled provision · 1 partial