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Title 10 — Armed Forces

Part II · Chapter 47 — Uniform Code of Military Justice

§ 928b. Art. 128b. Domestic violence

Statutory text

(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 person;

(2)

with intent to threaten or intimidate a spouse, an intimate partner, a dating partner, or an immediate family member of that person—

(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 person, 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 member 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 “intimate partner” have the meanings given such terms in section 930 of this title (article 130).

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

    Pub. L. 115–232 div. A title V § 532(a)(1) · 132 Stat. 1636

    Enacted · 10 U.S.C. § 928b

    Added Pub. L. 115–232, div. A, title V, § 532(a)(1), Aug. 13, 2018, 132 Stat. 1759

    Source evidence

    Code source credit
    Added Pub. L. 115–232, div. A, title V, § 532(a)(1), Aug. 13, 2018, 132 Stat. 1759

    Enacted provision · exact public law section
    (1) In general.— Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 928a (article 128a) the following new section (article): “§ 928b. Art. 128b.   “Any person who— “(1) commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person; “(2) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person— “(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, or an immediate family member of that person, violates a protection order; “(4) with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or “(5) assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating; shall be punished as a court-martial may direct.” .

  2. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title XVII § 1731(a)(20) · 133 Stat. 1198

    Inserted · 10 U.S.C. § 928b

    Pub. L. 116–92 inserted section catchline. Identical section catchline had been editorially supplied

    Source evidence

    Code amendment note
    Pub. L. 116–92 inserted section catchline. Identical section catchline had been editorially supplied.

    Enacted provision · exact public law section
    (20) The heading of section 928b (article 128b of the Uniform Code of Military Justice) is amended to read as follows: “§ 928b. Art. 128b. Domestic violence” .

  3. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title V § 531(d)(1) · 137 Stat. 136

    1. Amended · 10 U.S.C. § 928b

      Pub. L. 118–31 designated existing provisions as subsec. (a)

    2. Inserted · 10 U.S.C. § 928b

      Pub. L. 118–31 inserted heading

    3. Inserted · 10 U.S.C. § 928b

      Pub. L. 118–31 inserted “a dating partner,” after “an intimate partner,” wherever appearing

    4. Added · 10 U.S.C. § 928b

      Pub. L. 118–31 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 118–31 designated existing provisions as subsec. (a), inserted heading, inserted “a dating partner,” after “an intimate partner,” wherever appearing, and added subsec. (b).

    Enacted provision · exact public law section
    (1) Article 128b; domestic violence.— Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended— (A) in the matter preceding paragraph (1), by striking “Any person” and inserting “(a) In General.—Any person”; (B) in subsection (a), as designated by paragraph (1) of this section, by inserting “a dating partner,” after “an intimate partner,” each place it appears; and (C) by adding at the end the following new subsection: “(b) Definitions.— In this section, the terms ‘dating partner’, ‘immediate family’, and ‘intimate partner’ have the meanings given such terms in section 930 of this title (article 130).” .

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments2019–2023 · 2 rounds

2023

Pub. L. 118–31 designated existing provisions as subsec. (a), inserted heading, inserted “a dating partner,” after “an intimate partner,” wherever appearing, and added subsec. (b).

2019

Pub. L. 116–92 inserted section catchline. Identical section catchline had been editorially supplied.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–232, div. A, title V, § 532(b), , 132 Stat. 1760, provided that: “The amendments made by this section [enacting this section] shall take effect on , 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 Tables for classification] as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).”

Credits

2018–2023 · 3 acts
  1. 2018Added Pub. L. 115–232, div. A, title V, § 532(a)(1), , 132 Stat. 1759
  2. 2019amended Pub. L. 116–92, div. A, title XVII, § 1731(a)(20), , 133 Stat. 1813
  3. 2023Pub. L. 118–31, div. A, title V, § 531(d)(1), , 137 Stat. 259.
Show as published

(Added Pub. L. 115–232, div. A, title V, § 532(a)(1), , 132 Stat. 1759; amended Pub. L. 116–92, div. A, title XVII, § 1731(a)(20), , 133 Stat. 1813; Pub. L. 118–31, div. A, title V, § 531(d)(1), , 137 Stat. 259.)

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