Summary of changes
Article 128a — Maiming
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
14 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
78.a.
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Original text
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—
Current text
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—
78.a.(1)
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Original text
seriously disfigures his person by any mutilation thereof;
Current text
seriously disfigures his person by any mutilation thereof;
78.a.(2)
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Original text
destroys or disables any member or organ of his body; or
Current text
destroys or disables any member or organ of his body; or
78.a.(3)
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Original text
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.
Current text
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.
78.b.
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Original text
Elements.
Current text
Elements.
78.b.(1)
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Original text
That the accused inflicted a certain injury upon a certain person;
Current text
That the accused inflicted a certain injury upon a certain person;
78.b.(2)
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Original text
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
Current text
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
78.b.(3)
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Original text
That the accused inflicted this injury with an intent to cause some injury to a person.
Current text
That the accused inflicted this injury with an intent to cause some injury to a person.
78.c.
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Original text
Explanation.
Current text
Explanation.
78.c.(1)
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Original text
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.
Current text
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.
78.c.(2)
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Original text
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.
Current text
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.
78.c.(3)
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Original text
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.
Current text
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.
78.d.
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Original text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
Current text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
78.e.
unchanged
Original text
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) (__________).
Current text
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) (__________).
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.