Summary of changes
Article 128b — Domestic Violence
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
79 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
78a.a.
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Original text
Text of statute.
Any person who—
Current text
Text of statute.
Any person who—
78a.a.(1)
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commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;
Current text
commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;
78a.a.(2)
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with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person—
Current text
with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person—
78a.a.(2)(A)
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commits an offense under this chapter against any person; or
Current text
commits an offense under this chapter against any person; or
78a.a.(2)(B)
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commits an offense under this chapter against any property, including an animal;
Current text
commits an offense under this chapter against any property, including an animal;
78a.a.(3)
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with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;
Current text
with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;
78a.a.(4)
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with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or
Current text
with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or
78a.a.(5)
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assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating; shall be punished as a court-martial may direct.
Current text
assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating; shall be punished as a court-martial may direct.
78a.b.
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Elements.
Current text
Elements.
78a.b.(1)
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Commission of a violent offense against a spouse, intimate partner, or immediate family member of that person.
Current text
Commission of a violent offense against a spouse, intimate partner, or immediate family member of that person.
78a.b.(1)(a)
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That the accused committed a violent offense; and
Current text
That the accused committed a violent offense; and
78a.b.(1)(b)
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That the violent offense was committed against a spouse, intimate partner, or immediate family member of the accused.
Current text
That the violent offense was committed against a spouse, intimate partner, or immediate family member of the accused.
78a.b.(1)(b)|N
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[Note: Add the following as applicable]
Current text
[Note: Add the following as applicable]
78a.b.(1)(c)
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That the immediate family member was a child under the age of 16 years.
Current text
That the immediate family member was a child under the age of 16 years.
78a.b.(2)
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Commission of a violation of the UCMJ against any person with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.
Current text
Commission of a violation of the UCMJ against any person with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.
78a.b.(2)(a)
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That the accused committed an act in violation of the UCMJ;
Current text
That the accused committed an act in violation of the UCMJ;
78a.b.(2)(b)
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That the accused committed the act against any person; and
Current text
That the accused committed the act against any person; and
78a.b.(2)(c)
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That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused.
Current text
That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused.
78a.b.(3)
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Commission of a violation of the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family member of that person.
Current text
Commission of a violation of the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family member of that person.
78a.b.(3)(a)
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That the accused committed an act in violation of the UCMJ;
Current text
That the accused committed an act in violation of the UCMJ;
78a.b.(3)(b)
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That the accused committed the act against any property, including an animal; and
Current text
That the accused committed the act against any property, including an animal; and
78a.b.(3)(c)
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That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused.
Current text
That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused.
78a.b.(4)
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Violation of a protection order with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.
Current text
Violation of a protection order with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.
78a.b.(4)(a)
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That a lawful protection order was in place;
Current text
That a lawful protection order was in place;
78a.b.(4)(b)
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That the accused committed an act in violation of that lawful protection order; and
Current text
That the accused committed an act in violation of that lawful protection order; and
78a.b.(4)(c)
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That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused.
Current text
That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused.
78a.b.(5)
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Violation of a protection order with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person.
Current text
Violation of a protection order with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person.
78a.b.(5)(a)
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That a lawful protection order was in place;
Current text
That a lawful protection order was in place;
78a.b.(5)(b)
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That the accused committed an act in violation of that lawful protection order; and
Current text
That the accused committed an act in violation of that lawful protection order; and
78a.b.(5)(c)
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That the accused committed the act with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of the accused.
Current text
That the accused committed the act with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of the accused.
78a.b.(6)
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Assaulting a spouse, an intimate partner, or an immediate family member of that person by strangulation or suffocation.
Current text
Assaulting a spouse, an intimate partner, or an immediate family member of that person by strangulation or suffocation.
78a.b.(6)(a)
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That the accused assaulted a spouse, an intimate partner, or an immediate family member of the accused;
Current text
That the accused assaulted a spouse, an intimate partner, or an immediate family member of the accused;
78a.b.(6)(b)
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That the accused did so by strangulation or suffocation; and
Current text
That the accused did so by strangulation or suffocation; and
78a.b.(6)(c)
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That the strangulation or suffocation was done with unlawful force or violence;
Current text
That the strangulation or suffocation was done with unlawful force or violence;
78a.b.(6)(c)|N
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[Note: Add the following as applicable]
Current text
[Note: Add the following as applicable]
78a.b.(6)(d)
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That the person was a child under the age of 16 years.
Current text
That the person was a child under the age of 16 years.
78a.c.
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Explanation.
Current text
Explanation.
78a.c.(1)
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Violent Offense.
The term “violent offense” means a violation of the following:
Current text
Violent Offense.
The term “violent offense” means a violation of the following:
78a.c.(1)(a)
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10 U.S.C. § 918 (article 118)
Current text
10 U.S.C. § 918 (article 118)
78a.c.(1)(b)
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10 U.S.C. § 919(a) (article 119(a))
Current text
10 U.S.C. § 919(a) (article 119(a))
78a.c.(1)(c)
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10 U.S.C. § 919a (article 119a)
Current text
10 U.S.C. § 919a (article 119a)
78a.c.(1)(d)
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10 U.S.C. § 920 (article 120)
Current text
10 U.S.C. § 920 (article 120)
78a.c.(1)(e)
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10 U.S.C. § 920b (article 120b)
Current text
10 U.S.C. § 920b (article 120b)
78a.c.(1)(f)
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10 U.S.C. § 922 (article 122)
Current text
10 U.S.C. § 922 (article 122)
78a.c.(1)(g)
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10 U.S.C. § 925 (article 125)
Current text
10 U.S.C. § 925 (article 125)
78a.c.(1)(h)
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10 U.S.C. § 926 (article 126)
Current text
10 U.S.C. § 926 (article 126)
78a.c.(1)(i)
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10 U.S.C. § 928 (article 128)
Current text
10 U.S.C. § 928 (article 128)
78a.c.(1)(j)
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10 U.S.C. § 928a (article 128a)
Current text
10 U.S.C. § 928a (article 128a)
78a.c.(1)(k)
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10 U.S.C. § 930 (article 130)
Current text
10 U.S.C. § 930 (article 130)
78a.c.(1)(l)
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Any other offense that has an element that includes the use, attempted use, or threatened use of physical force against the person or property of another.
Current text
Any other offense that has an element that includes the use, attempted use, or threatened use of physical force against the person or property of another.
78a.c.(2)
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Spouse.
The term “spouse” means one’s husband or wife by lawful marriage.
Current text
Spouse.
The term “spouse” means one’s husband or wife by lawful marriage.
78a.c.(3)
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Original text
Intimate partner.
The term “intimate partner” means—
Current text
Intimate partner.
The term “intimate partner” means—
78a.c.(3)(a)
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Original text
one’s former spouse, a person with whom one shares a child in common, or a person with whom one cohabits or with whom one has cohabited as a spouse; or
Current text
one’s former spouse, a person with whom one shares a child in common, or a person with whom one cohabits or with whom one has cohabited as a spouse; or
78a.c.(3)(b)
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a person with whom one has been in a social relationship of a romantic or intimate nature, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Current text
a person with whom one has been in a social relationship of a romantic or intimate nature, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
78a.c.(4)
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Original text
Immediate family.
The term “immediate family” means—
Current text
Immediate family.
The term “immediate family” means—
78a.c.(4)(a)
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one’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or
Current text
one’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or
78a.c.(4)(b)
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any other person living in one’s household to whom he or she is related by blood or marriage.
Current text
any other person living in one’s household to whom he or she is related by blood or marriage.
78a.c.(5)
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Strangulation. The term “strangulation” has the same meaning ascribed to that term in subparagraph 77.c.(5)(c)(iii).
Current text
Strangulation. The term “strangulation” has the same meaning ascribed to that term in subparagraph 77.c.(5)(c)(iii).
78a.c.(6)
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Suffocation. The term “suffocation” has the same meaning ascribed to that term in subparagraph 77.c.(5)(c)(iv).
Current text
Suffocation. The term “suffocation” has the same meaning ascribed to that term in subparagraph 77.c.(5)(c)(iv).
78a.c.(7)
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Protection order.
The term “protection order” means—
Current text
Protection order.
The term “protection order” means—
78a.c.(7)(a)
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Original text
a military protective order enforceable under 10 U.S.C. § 892 (article 92); or
Current text
a military protective order enforceable under 10 U.S.C. § 892 (article 92); or
78a.c.(7)(b)
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a protection order, as defined in 18 U.S.C. § 2266 and, if issued by a State, tribal, or territorial court, is in accordance with the standards specified in 18 U.S.C. § 2265.
Current text
a protection order, as defined in 18 U.S.C. § 2266 and, if issued by a State, tribal, or territorial court, is in accordance with the standards specified in 18 U.S.C. § 2265.
78a.c.(8)
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Original text
Mandatory Minimum Punishments.
In accordance with 10 U.S.C. § 856 (article 56), for a conviction of an offense under this paragraph, mandatory minimum punishment provisions shall not apply.
Current text
Mandatory Minimum Punishments.
In accordance with 10 U.S.C. § 856 (article 56), for a conviction of an offense under this paragraph, mandatory minimum punishment provisions shall not apply.
78a.d.
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Original text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement as follows:
Current text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement as follows:
78a.d.(1)
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Original text
Commission of a violent offense against a spouse, an intimate partner, or an immediate family member of that person.
Any person subject to the UCMJ who is found guilty of violating Article 128b by committing a violent offense against a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years of confinement except for those violent offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.
Current text
Commission of a violent offense against a spouse, an intimate partner, or an immediate family member of that person.
Any person subject to the UCMJ who is found guilty of violating Article 128b by committing a violent offense against a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years of confinement except for those violent offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.
78a.d.(2)
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Original text
Commission of a violation of the UCMJ against any person with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.
Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.
Current text
Commission of a violation of the UCMJ against any person with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.
Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.
78a.d.(3)
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Commission of a violation of the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family member of that person.
Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.
Current text
Commission of a violation of the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family member of that person.
Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life.
78a.d.(4)
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Original text
Violation of a protection order with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.
Confinement for 3 years.
Current text
Violation of a protection order with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person.
Confinement for 3 years.
78a.d.(5)
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Original text
Violation of a protection order with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person.
Confinement for 5 years.
Current text
Violation of a protection order with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person.
Confinement for 5 years.
78a.d.(6)
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Original text
Assaulting a spouse, an intimate partner, or an immediate family member of that person by strangulation or suffocation.
Current text
Assaulting a spouse, an intimate partner, or an immediate family member of that person by strangulation or suffocation.
78a.d.(6)(a)
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Original text
Aggravated assault by strangulation or suffocation when committed upon a child under the age of 16 years.
Confinement for 11 years.
Current text
Aggravated assault by strangulation or suffocation when committed upon a child under the age of 16 years.
Confinement for 11 years.
78a.d.(6)(b)
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Original text
Other cases.
Confinement for 8 years.
Current text
Other cases.
Confinement for 8 years.
78a.e.
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Original text
Sample Specifications.
Current text
Sample Specifications.
78a.e.(1)
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In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, commit a violent offense against ___________, the (spouse) (intimate partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).
Current text
In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, commit a violent offense against ___________, the (spouse) (intimate partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).
78a.e.(2)
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In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against (any person) (a child under the age of 16 years), to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).
Current text
In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against (any person) (a child under the age of 16 years), to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).
78a.e.(3)
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In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against any property, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).
Current text
In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against any property, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense).
78a.e.(4)
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In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, wrongfully violate a protection order by _____________________.
Current text
In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, wrongfully violate a protection order by _____________________.
78a.e.(5)
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In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, violate a protection order, to wit: _______________, with the intent to commit a violent offense, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element), against the (spouse) (intimate partner) (immediate family member) of the accused.
Current text
In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, violate a protection order, to wit: _______________, with the intent to commit a violent offense, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element), against the (spouse) (intimate partner) (immediate family member) of the accused.
78a.e.(6)
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Original text
In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, commit an assault upon ____________, the (spouse) (intimate partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, by unlawfully (strangling) (suffocating) him/her (with/by __________).”
Current text
In that __________ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about _____ 20 __, commit an assault upon ____________, the (spouse) (intimate partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, by unlawfully (strangling) (suffocating) him/her (with/by __________).”
“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.