US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 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;
(2)
who, in committing an assault, inflicts substantial bodily harm or grievous bodily harm on another person; or
(3)
who commits an assault by strangulation or suffocation;
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.

Aug. 10, 1956, ch. 104170A Stat. 75Pub. L. 114–328, div. E, title LX, § 5441130 Stat. 2954Pub. L. 115–91, div. A, title X, § 1081(c)(1)(P)131 Stat. 1599Pub. L. 115–232, div. A, title V, § 531(a)132 Stat. 1759(, ; , , ; , , ; , , .)

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.

Editorial Notes

Amendments

Pub. L. 115–2322018—Subsec. (b)(3). added par. (3).

Pub. L. 115–912017—Subsec. (b)(2). struck out comma after “substantial bodily harm”.

Pub. L. 114–3282016— amended section generally. Prior to amendment, section related to the offenses of assault and aggravated assault.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232, div. A, title V, § 531(b)132 Stat. 1759

Public Law 114–328130 Stat. 2954130 Stat. 296710 U.S.C. 801“The amendments made by subsection (a) [amending this section] shall take effect on , immediately after the coming into effect of the amendment made by section 5441 of the Military Justice Act of 2016 (division E of ; ) [which amended this section] as provided in section 5542 of that Act (; note).”
, , , provided that:

Effective Date of 2017 Amendment

Pub. L. 115–91Pub. L. 114–32810 U.S.C. 801section 1081(c)(4) of Pub. L. 115–91section 801 of this titleAmendment by effective immediately after the amendments made by div. E (§§ 5001–5542) of take effect as provided for in section 5542 of that Act ( note), see , set out as a note under .

Effective Date of 2016 Amendment

Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .