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10 USC § 928 - Art. 128. Assault 

---
identifier: "/us/usc/t10/s928"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 928 - Art. 128. Assault"
title_number: 10
title_name: "ARMED FORCES"
section_number: "928"
section_name: "Art. 128. Assault"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "X"
subchapter_name: "PUNITIVE ARTICLES"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---

# § 928. Art. 128. Assault

**(a)** **Assault.—** Any person subject to this chapter who, unlawfully and with force or violence—

is guilty of assault and shall be punished as a court-martial may direct.

**(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;

**(b)** **Aggravated Assault.—** Any person subject to this chapter—

is guilty of aggravated assault and shall be punished as a court-martial may direct.

**(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;

**(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.

---

**Source Credit**: (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.)

| 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

2018—Subsec. (b)(3).  added par. (3).

2017—Subsec. (b)(2).  struck out comma after “substantial bodily harm”.

2016— 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

> “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

Amendment 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

Amendment 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 .