§ 1389. Prohibition on attacks on United States servicemen on account of service

Statutory text

In General.—

Whoever knowingly assaults or batters a United States serviceman or an immediate family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or immediate family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall—

in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years;

in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and

in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years.

Exception.—

This section shall not apply to conduct by a person who is subject to the Uniform Code of Military Justice.

Definitions.—

In this section—

the term “Armed Forces” has the meaning given that term in section 1388;

the term “immediate family member” has the meaning given that term in section 115; and

the term “United States serviceman”—

means a member of the Armed Forces; and

includes a former member of the Armed Forces during the 5-year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.

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.

2009
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
Pub. L. 111–84 div. E § 4712(a) · 123 Stat. 2190
Enacted · 18 U.S.C. § 1389
(Added Pub. L. 111–84, div. E, § 4712(a), Oct. 28, 2009, 123 Stat. 2842.)
Source evidence
Code source credit
(Added Pub. L. 111–84, div. E, § 4712(a), Oct. 28, 2009, 123 Stat. 2842.)
Enacted provision · exact public law section
(a) In General.— Chapter 67 of title 18, United States Code, is amended by adding at the end the following: “§ 1389. Prohibition on attacks on United States servicemen on account of service “(a) In General.— Whoever knowingly assaults or batters a United States serviceman or an immediate family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or immediate family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall— “(1) in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years; “(2) in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and “(3) in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years. “(b) Exception.— This section shall not apply to conduct by a person who is subject to the Uniform Code of Military Justice. “(c) Definitions.— In this section— “(1) the term ‘Armed Forces’ has the meaning given that term in section 1388; “(2) the term ‘immediate family member’ has the meaning given that term in section 115; and “(3) the term ‘United States serviceman’— “(A) means a member of the Armed Forces; and “(B) includes a former member of the Armed Forces during the 5-year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.” .

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

The Uniform Code of Military Justice, referred to in subsec. (b), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.

Credits

(Added Pub. L. 111–84, div. E, § 4712(a), Oct. 28, 2009, 123 Stat. 2842.)