Page 589 - Trump Executive Orders 2017-2021

10292 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(1) Simple assault.
(a) That the accused attempted to do or offered to do bodily hann to a certain person;
(b) That the attempt or offer was done unlawfully; and
(c) That the attempt or offer was done with force or violence.
(2) Assault consummated by a battay.
(a) That the accused did bodily harm to a certain person;
(b) That the bodily hann was done unlawfully; and
(c) That the bodily harm was done with force or violence.
(3) Assaults permitting increased punishment based on status qfvictim.
(a) Assault upon a commissioned, warrant, noncommissioned, or petty officer.
(i) That the accused attempted to do, offered to do, or did bodily harm to a cettain
person;
(ii) That the attempt, offer, or bodily harm was done unlawfully;
(iii) That the attempt, offer, or bodily ham1 was done with force or violence;
(iv) That the person was a commissioned, walTant, noncommissioned, or petty officer;
and
(v) That the accused then knew that the person was a commissioned, waTTant,
noncommissioned, or petty officer.
(b) Assault upon a sentinel or lookout in the execution (!f duty, or upon a person in the
execution (?f knv er!forcement duties.
(i) That the accused attempted to do, offered to do, or did bodily harm to a certain
person;
(ii) That the attempt, otTer, or bodily harm was done unlawfully;
(iii) That the attempt, offer, or bodily harm was done with force or violence;
(iv) That the person was a sentinel or lookout in the execution of duty or was a person
who then had and was in the execution of security police, military police, shore patrol, master at
arms, or other military or civilian law enforcement duties; and
(v) That the accused then knew that the person was a sentinel or lookout in the
execution of duty or was a person who then had and was in the execution of security police,
military police, shore patrol, master at arms, or other military or civilian law enforcement duties.
(c) Assault consummated by a battery upon a child under 16 years, a spouse, intimate
partner, or immediate family member.
(i) That the accused did bodily harm to a certain person;
(ii) That the bodily harm was done unlawfully;
(iii) That the bodily harm was done with force or violence; and
(iv) That the person was then a child under the age of 16 years, or a spouse, intimate
partner, or an immediate family member of the accused.
( 4) Aggravated assault.
(a) Assault 1vith a dangerous weapon.
(i) That the accused offered to do bodily harm to a certain person;
(ii) The offer was made with the intent to do bodily hann; and
(iii) That the accused did so with a dangerous weapon.
[Note: Add any of the following elements as applicable:]
(iv) That the dangerous weapon was a loaded firearm.
(v) That the person was a child under the age of 16 years, or a spouse, intimate partner,
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or an immediate family member of the accused.

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