Page 594 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10297

Jones, shoots Smith, mistaking Smith for Jones, that person is guilty of assaulting Smith with
intent to murder. If a person fires into a group with intent to kill anyone in the group, that person
is guilty of an assault with intent to murder each member of the group.
(c) Assault with intent to commit voluntaTy manslaughter. Assault with intent to commit
voluntary manslaughter is an assault committed with a specific intent to kill under such
circumstances that, if death resulted therefrom, the offense of voluntary manslaughter would
have been committed. There can be no assault with intent to commit involuntary manslaughter,
for it is not a crime capable of being intentionally committed.
(d) Assault with intent to commit rape, rape qf a child, sexual assault, and sexual assault
of a child. In assault with intent to commit any rape or sexual assault, the accused must have
intended to complete the offense. Any lesser intent will not suffice. No actual touching is
necessary. Once an assault with intent to commit rape is made, it is no defense that the accused
voluntarily desisted.
(e) Assault with intent to rob. For assault with intent to rob, the fact that the accused
intended to take money and that the person the accused intended to rob had none is not a defense.
d. Maximum Punishment.
(1) Simple assault.
(a) Generally. Confinement for 3 months and forfeiture of two-thirds pay per month for 3
months.
(b) Tf'hen committed with an unloadedfirearm. Dishonorable discharge, forfeiture of a11
pay and allowances, and confinement for 3 years.
(2) Battery.
(a) Assault consummated by a battery. Bad conduct discharge, forfeiture of all pay and
allowances, and confinement for 6 months.
(b) Assault upon a commissioned officer of the armed forces of the United States or of a
friendl;y foreign power, not in the execution (if (1fice. Dishonorable discharge, forfeiture of all
pay and allowances, and confinement for 3 years.
(c) Assault upon a warrant officer, not in the execution of office. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 18 months.
(d) Assault upon a noncommissioned or petty officer, not in the execution of C!ffice. Bad-
conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(e) Assault upon a sentinel or lookout in the execution ofduty, 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.
(t) Assault consummated by a batte1y upon a child under 16 years, spouse, intimate
partner, or an immediate family member. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 2 years.
(3) Aggravated assault.
(a) Aggravated assault with a dangerous weapon.
(i) Tf'hen cornmitted ·with a loaded firearm. Dishonorable discharge, forfeiture of all pay
and allowances, and confinement for 8 years.
(ii) Tf'hen committed upon a child under the age of 16 years, spouse, intimate partner,
or an immediate family member. Dishonorable discharge, total forfeitures, and confinement for 5
years.
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