Text.
“(a) Any person subject to this chapter who attempts or offers with unlawful force or violence to do bod ily 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.”
Elements.
(1) Simple assault.
-
(a) That the accused attempted or offered to do bodily harm to a certain person; and
(b) That the attempt or offer was done with unlawful force or violence.
(2) Assault consummated by a battery.
-
(a) That the accused did bodily harm to a certain person; and
(b) That the bodily harm was done with unlawful force or violence.
(3) Assaults permitting increased punishment based on status of victim.
-
(a) Assault upon a commissioned, warrant, noncommissioned, or petty officer.
-
(i) That the accused attempted to do, offered to do, or did bodily harm to a certain person;
(ii) That the attempt, offer, or bodily harm was done with unlawful force or violence;
(iii) That the person was a commissioned, warrant, noncommissioned, or petty officer; and
(iv) That the accused then knew that the person was a commissioned, warrant, noncommissioned, or petty officer.
(b) Assault upon a sentinel or lookout in the execution of duty, or upon a person in the execution of law enforcement duties.
-
(i) That the accused attempted to do, offered to do, or did bodily harm to a certain person;
(ii) That the attempt, offer, or bodily harm was done with unlawful force or violence;
(iii) That the person was a sentinel or look-out in the execution of duty or was a person who then had and was in the execution of security police, military police, shore patrol, master at arms, or other military or civilian law enforcement duties; and
(iv) That the accused then knew that the person was a sentinel or lookout in the execution of duty or was a person who then had and was in the execution of security police, military police, shore patrol, master at arms, or other military or civilian law enforcement duties.
(c) Assault consummated by a battery upon a child under 16 years.
-
(i) That the accused did bodily harm to a certain person;
(ii) That the bodily harm was done with unlawful force or violence; and
(iii) That the person was then a child under the age of 16 years.
(4) Aggravated assault.
-
(a) Assault with a dangerous weapon or other means of force likely to produce death or grievous bodily harm.
-
(i) That the accused attempted to do, offered to do, or did bodily harm to a certain person;
(ii) That the accused did so with a certain weapon, means, or force;
(iii) That the attempt, offer, or bodily harm was done with unlawful force or violence; and
(iv) That the weapon, means, or force was used in a manner likely to produce death or grievous bodily harm.
(Note: When a loaded firearm was used, add the following element)
(v) That the weapon was a loaded firearm.
(b) Assault in which grievous bodily harm is intentionally inflicted.
-
(i) That the accused assaulted a certain person;
(ii) That grievous bodily harm was thereby inflicted upon such person;
(iii) That the grievous bodily harm was done with unlawful force or violence; and
(iv) That the accused, at the time, had the specific intent to inflict grievous bodily harm. (Note: When a loaded firearm was used, add the following element)
(v) That the injury was inflicted with a loaded firearm.
Explanation.
(1) Simple assault.
-
(a) Definition of assault. An “assault” is an at
tempt or offer with unlawful force or violence to do bodily harm to another, whether or not the attempt or offer is consummated. It must be done without legal justification or excuse and without the lawful consent of the person affected. “Bodily harm” means any offensive touching of another, however slight.
(b) Difference between “attempt” and “offer” type assaults.
-
(i) Attempt type assault. An “attempt” type assault requires a specific intent to inflict bodily harm, and an overt act—that is, an act that amounts to more than mere preparation and apparently tends to effect the intended bodily harm. An attempt type assault may be committed even though the victim had no knowledge of the incident at the time.
(ii) Offer type assault. An “offer” type assault is an unlawful demonstration of violence, either by an intentional or by a culpably negligent act or omission, which creates in the mind of another a reasonable apprehension of receiving immediate bodily harm. Specific intent to inflict bodily harm is not required.
