Subchapter X · Punitive Articles
Article 128. Assault
2024 Manual for Courts-Martial, United States
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This is a punitive article. Its elements, explanation, maximum punishment,
and sample specifications are in the Manual's Part IV.
Read Article 128 in the Punitive Articles →
Cross-referencesCited by 20Elsewhere 3
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Provisions elsewhere in the Manual whose text cites Article 128. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 307(c)(2) — Preferral of charges
…charges before arraignment. See R.C.M. 601(e)(2). (C) Preemption . An offense specifically defined by Articles 81 through 132 may not be alleged as a violation of Article 134 . See paragraph 91.c.(5)(a) of Part IV. But see R.C.M.…
R.C.M. 916(e)(3) — Defenses
Other assaults. It is a defense to any assault punishable under Article 89, 91, 128, or 128b and not listed in paragraphs (e)(1) or (2) of this rule that the accused:
R.C.M. 916(e)(5) — Defenses
…another. It is a defense to homicide, attempted homicide, assault with intent to kill, or any assault under Article 89, 91, 128, or 128b that the accused acted in defense of another, provided that the accused may not use more force than the…
Discussion under R.C.M. 918(a)(2)(D) — Finding
…An attempt should be found as a violation of Article 80 unless the attempt is punishable under Articles 85, 94, 100, 103a, 103b, 119a, or 128, in which case it should be found as a violation of that Article. A court-martial may not find an offense as…
UCMJ Punitive Articles
Article 80, ¶ 4.c.(6)(g) — Attempts
Article 128—Assault
Article 91, ¶ 17.c.(3) — Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
…civilian subject to military law, upon a warrant, noncommissioned, or petty officer should be charged under Article 128 or 134.
Article 92, ¶ 18.c.(3)(e) — Failure to obey order or regulation
…For purposes of this offense, the term “grievous bodily harm” has the same meaning ascribed to it in Article 128 (paragraph 77).
Article 119a, ¶ 58.a. — Death or injury of an unborn child
…to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 926, 928, and 928a of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 126, 128, and 128a). (c) Nothing in this section shall be construed to permit the prosecution—
Article 119a, ¶ 58.b.(1)(a) — Death or injury of an unborn child
…(article 119(b)(2))), (rape (article 120(a))), (robbery (article 122)), (maiming (article 128a)), (assault (article 128)), of] or [burning or setting afire, as arson (article 126), of (a dwelling inhabited by) (a structure or…
Article 119a, ¶ 58.b.(2)(a) — Death or injury of an unborn child
…(article 119(b)(2))), (rape (article 120(a))), (robbery (article 122)), (maiming (article 128a)), (assault (article 128)), of] or [burning or setting afire, as arson (article 126), of (a dwelling inhabited by) (a structure or…
Article 119a, ¶ 58.b.(3)(a) — Death or injury of an unborn child
…(article 119(b)(2))), (rape (article 120(a))), (robbery (article 122)), (maiming (article 128a)), (assault (article 128)), of] or [burning or setting afire, as arson (article 126), of (a dwelling inhabited by) (a structure or…
Article 119a, ¶ 58.b.(4)(a) — Death or injury of an unborn child
…(article 119(b)(2))), (rape (article 120(a))), (robbery (article 122)), (maiming (article 128a)), (assault (article 128)), of] or [burning or setting afire, as arson (article 126), of (a dwelling inhabited by) (a structure or…
Article 119a, ¶ 58.c.(1) — Death or injury of an unborn child
…UCMJ); rape (article 120(a), UCMJ); robbery (article 122, UCMJ); maiming (article 128a, UCMJ); or assault (article 128, UCMJ) against a pregnant woman. For all underlying offenses, except arson, this article requires that the…
Article 128b, ¶ 78a.c.(1)(i) — Domestic Violence
10 U.S.C. § 928 (article 128)
Practice Note under Article 129, ¶ 79.b.(1)(b) — Burglary; unlawful entry
…to commit an offense punishable under sections 918-920, 920b-921, 922, 925-928a, and 930 of this title (Article 118-120, 120b-121, 122, 125-128a, and 130), add the following element:]
Article 129, ¶ 79.b.(1)(c) — Burglary; unlawful entry
That the breaking and entering were with the intent to commit an offense punishable under Article 118-120, 120b-121, 122, 125-128a, and 130.
Article 129, ¶ 79.d.(1) — Burglary; unlawful entry
Burglary (with the intent to commit an offense punishable under Article 118-120, 120b-121, 122, 125- 128a, or 130). Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
Article 134, ¶ 91.c.(5)(a) — General article
Preemption doctrine. The preemption doctrine prohibits application of Article 134 to conduct covered by Articles 80 through 132. For example, larceny is covered in Article 121, and if an element of that offense is lacking—for example,…
Uniform Code of Military Justice
Art. 43(b)(2)(B)(ii) — Statute of limitations
…by a battery, or assault with intent to commit specified offenses in violation of section 928 of this title (article 128).
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).