2008 edition - Fort Sam Houston - U.S. Army

54.c.(4)(b)(ii)
as when the victim is held by one of several assailants
while the others beat the victim with their fists
and break a nose, jaw, or rib.
(iii) Grievous bodily harm. See subparagraph
(4)(a)(iii).
(iv) When committed on a child under 16
years of age. The maximum punishment is increased
when aggravated assault with intentional infliction
of grievous bodily harm is inflicted upon a child
under 16 years of age. Knowledge that the person
assaulted was under the age of 16 years is not an
element of the offense.
d. Lesser included offenses.
(1) Simple assault. None
( 2 ) A s s a u l t c o n s u m m a t e d b y a b a t t e r y . A r t i c l e
128—simple assault
(3) Assault upon a commissioned, warrant, noncommissioned,
or petty officer. Article 128—simple
assault; assault consummated by a battery
(4) Assault upon a sentinel or lookout in the execution
of duty, or upon a person in the execution of
police duties. Article 128—simple assault; assault
consummated by a battery
( 5 ) A s s a u l t c o n s u m m a t e d b y a b a t t e r y u p o n a
child under 16 years. Article 128—simple assault;
assault consummated by a battery
(6) Assault with a dangerous weapon or other
means or force likely to produce death or grievous
b o d i l y h a r m . A r t i c l e 1 2 8 — s i m p l e a s s a u l t ; a s s a u l t
consummated by a battery; (when committed upon a
child under the age of 16 years; assault consummated
by a battery upon a child under the age of 16
years).
(7) Assault in which grievous bodily harm is intentionally
inflicted. Article 128—simple assault; ass
a u l t c o n s u m m a t e d b y a b a t t e r y ; a s s a u l t w i t h a
dangerous weapon; (when committed upon a child
under the age of 16 years -- assault consummated by
a battery upon a child under the age of 16 years).
e. Maximum punishment.
(1) Simple assault.
(A) Generally. Confinement for 3 months and
forfeiture of two-thirds pay per month for 3 months.
(B) When committed with an unloaded firearm.
Dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 3 years.
(2) Assault consummated by a battery. Bad con-
IV-102
duct discharge, forfeiture of all pay and allowances,
and confinement for 6 months.
(3) Assault upon a commissioned officer of the
armed forces of the United States or of a friendly
foreign power, not in the execution of office. Dishonorable
discharge, forfeiture of all pay and allowances,
and confinement for 3 years.
(4) Assault upon a warrant officer, not in the
execution of office. Dishonorable discharge, forfeiture
of all pay and allowances, and confinement for
18 months.
(5) Assault upon a noncommissioned or petty officer,
not in the execution of office. Bad-conduct discharge,
forfeiture of all pay and allowances, and
confinement for 6 months.
(6) Assault upon a sentinel or lookout in the execution
of duty, or upon any person who, in the
execution of office, is performing security police,
military police, shore patrol, master at arms, or
other military or civilian law enforcement duties.
Dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 3 years.
( 7 ) A s s a u l t c o n s u m m a t e d b y a b a t t e r y u p o n a
child under 16 years. Dishonorable discharge, forfeiture
of all pay and allowances, and confinement for
2 years.
(8) Aggravated assault with a dangerous weapon
or other means of force likely to produce death or
grievous bodily harm.
( a ) W h e n c o m m i t t e d w i t h a l o a d e d f i r e a r m .
Dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 8 years.
( b ) A g g r a v a t e d a s s a u l t w i t h a d a n g e r o u s
weapon or other means of force likely to produce
death or grievous bodily harm when committed upon
a child under the age of 16 years. Dishonorable
discharge, total forfeitures, and confinement for 5
years.
(c) Other cases. Dishonorable discharge, forfeiture
of all pay and allowances, and confinement for
3 years.
(9) Aggravated assault in which grievous bodily
harm is intentionally inflicted.
(a) When the injury is inflicted with a loaded
firearm. Dishonorable discharge, forfeiture of all pay
and allowances, and confinement for 10 years.
(b) Aggravated assault in which grievous bodily
harm is intentionally inflicted when committed
upon a child under the age of 16 years. Dishonora-