10 U.S.C. § 928 (ARMED FORCES)
§ 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; Pub. L. 115–232, div. A, title V, § 531(a), Aug. 13, 2018, 132 Stat. 1759.)
heading: Amendment of Section
text: Pub. L. 115–232, div. A, title V, § 531, Aug. 13, 2018, 132 Stat. 1759, provided that, effective Jan. 1, 2019, immediately after the coming into effect of the amendment made by section 5441 of Pub. L. 114–328, subsection (b) of this section is amended by striking “or” at the end of par. (1), by adding “or” after the semicolon in par. (2), and by inserting after paragraph (2) the following new paragraph: “(3) who commits an assault by strangulation or suffocation;”. See 2018 Amendment note below. For text of subsection (b) after amendment by Pub. L. 115–232 on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
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, see 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 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, and Ex. Ord. No. 13825, Mar. 1, 2018, 83 F.R. 9889, provided that, except as otherwise provided, effective on Jan. 1, 2019, as designated by the President, with implementing regulations and 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.
text: 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.
heading: Amendments
text: 2018—Subsec. (b)(3). Pub. L. 115–232 added par. (3).
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.
heading: Effective Date of 2018 Amendment
text: 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).”
heading: Effective Date of 2017 Amendment
text: 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.
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.