10 U.S. Code § 928 - Art. 128. Assault

§ 928.
Art. 128. Assault
(a)
Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who—
(1)
commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or
(2)
commits an assault and intentionally inflicts grievous bodily harm with or without a weapon;
is guilty of aggravated assault and shall be punished as a court-martial may direct.
(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.)
Amendment of Section

Pub. L. 115–91, div. A, title X, § 1081(c)(1)(P), (4), Dec. 12, 2017, 131 Stat. 1599, provided that, effective immediately after the amendment made by section 5441 of Pub. L. 114–328, set out below, takes effect as provided for in section 5542 of that Act, subsection (b)(2) of this section is amended by striking the comma after “substantial bodily harm”. See 2017 Amendment note below. For text of subsection (b)(2) after amendment by Pub. L. 114–328, § 5441, on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.

Pub. L. 114–328, div. E, title LX, § 5441, title LXIII, § 5542, Dec. 23, 2016, 130 Stat. 2954, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, this section is generally amended. See 2016 Amendment note below. For text of this section after amendment on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.

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.

Amendments

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 assault and aggravated assault.

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 section 801 of this title.

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.

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