Article 128a — Maiming | Manual for Courts-Martial

Part IV · Punitive Articles

Article 128a. Maiming · MCM ¶ 78

2024 Manual for Courts-Martial, United States

(a) Text of statute. Any person subject to this chapter who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which—

(1) seriously disfigures his person by any mutilation thereof;

(2) destroys or disables any member or organ of his body; or

(3) seriously diminishes his physical vigor by the injury of any member or organ; is guilty of maiming and shall be punished as a court-martial may direct.

(b) Elements.

(1) That the accused inflicted a certain injury upon a certain person;

(2) That this injury seriously disfigured the person’s body, destroyed or disabled an organ or member, or seriously diminished the person’s physical vigor by the injury to an organ or member; and

(3) That the accused inflicted this injury with an intent to cause some injury to a person.

(1) Nature of offense. It is maiming to put out a person’s eye, to cut off a hand, foot, or finger, or to knock out a tooth, as these injuries destroy or disable those members or organs. It is also maiming to injure an internal organ so as to seriously diminish the physical vigor of a person. Likewise, it is maiming to cut off an ear or to scar a face with acid, as these injuries seriously disfigure a person. A disfigurement need not mutilate any entire member to come within the article, or be of any particular type, but must be such as to impair perceptibly and materially the victim’s comeliness. The disfigurement, diminishment of vigor, or destruction or disablement of any member or organ must be a serious injury of a substantially permanent nature. However, the offense is complete if such an injury is inflicted even though there is a possibility that the victim may eventually recover the use of the member or organ, or that the disfigurement may be cured by surgery.

(2) Means of inflicting injury. To prove the offense it is not necessary to prove the specific means by which the injury was inflicted. However, such evidence may be considered on the question of intent.

(3) Intent. Maiming requires a specific intent to injure generally but not a specific intent to maim. Thus, one commits the offense who intends only a slight injury, if in fact there is infliction of an injury of the type specified in this article. Infliction of the type of injuries specified in this article upon the person of another may support an inference of the intent to injure, disfigure, or disable.

(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.

(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required) on or about _____ 20 __, maim __________ by (crushing (his) (her) foot with a sledge hammer) (__________).

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

3a-78-1MAIMING

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

DD, TF, 20 years, E-1. (Category 3)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, maim __________ by (crushing (his) (her) foot with a sledge hammer) (__________).

Elements

(1) That (state the time and place alleged), the accused, inflicted upon (state the name of the alleged victim) a certain injury, namely: (state the injury alleged);

(2) That this injury (seriously disfigured the body of (state the name of the alleged victim)) (destroyed or disabled an organ or member of (state the name of the alleged victim)) (seriously diminished the physical vigor of (state the name of the alleged victim) by injuring an organ or other part of his/her body); and

(3) That the accused inflicted this injury with an intent to cause some injury to the person of (state the name of the alleged victim).

Definitions & other instructions

(A disfigurement does not have to mutilate an entire member or be of any particular type, but must be such as to impair perceptibility and materially the victim’s comeliness.)

The disfigurement, diminished physical vigor, or destruction or disablement of the body part must be a serious injury of a substantially permanent nature. Once the injury is inflicted, it does not matter that the victim may eventually recover the use of the body part, or that the disfigurement may be corrected medically or cured by surgery.

Maiming requires a specific intent to injure generally but not a specific intent to maim. Thus, one commits the offense who intends only a slight injury, if in fact there is infliction of an injury of the type specified in this article. Infliction of the type of injuries specified in this article upon the person of another may support an inference of the intent to injure, disfigure, or disable. The drawing of this inference is not required.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.

Source: Instruction 3a-78-1 · view original on jagcnet.army.mil