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CITE

    18 USC Sec. 113                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 7 - ASSAULT

HEAD

    Sec. 113. Assaults within maritime and territorial jurisdiction

STATUTE

      (a) Whoever, within the special maritime and territorial
    jurisdiction of the United States, is guilty of an assault shall be
    punished as follows:
        (1) Assault with intent to commit murder, by imprisonment for
      not more than twenty years.
        (2) Assault with intent to commit any felony, except murder or
      a felony under chapter 109A, by a fine under this title or
      imprisonment for not more than ten years, or both.
        (3) Assault with a dangerous weapon, with intent to do bodily
      harm, and without just cause or excuse, by a fine under this
      title or imprisonment for not more than ten years, or both.
        (4) Assault by striking, beating, or wounding, by a fine under
      this title or imprisonment for not more than six months, or both.
        (5) Simple assault, by a fine under this title or imprisonment
      for not more than six months, or both, or if the victim of the
      assault is an individual who has not attained the age of 16
      years, by fine under this title or imprisonment for not more than
      1 year, or both.
        (6) Assault resulting in serious bodily injury, by a fine under
      this title or imprisonment for not more than ten years, or both.
        (7) Assault resulting in substantial bodily injury to an
      individual who has not attained the age of 16 years, by fine
      under this title or imprisonment for not more than 5 years, or
      both.
      (b) As used in this subsection -
        (1) the term "substantial bodily injury" means bodily injury
      which involves -
          (A) a temporary but substantial disfigurement; or
          (B) a temporary but substantial loss or impairment of the
        function of any bodily member, organ, or mental faculty; and
        (2) the term "serious bodily injury" has the meaning given that
      term in section 1365 of this title.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 94-297, Sec. 3, May
    29, 1976, 90 Stat. 585; Pub. L. 99-646, Sec. 87(c)(2), (3), Nov.
    10, 1986, 100 Stat. 3623; Pub. L. 99-654, Sec. 3(a)(2), (3), Nov.
    14, 1986, 100 Stat. 3663; Pub. L. 103-322, title XVII, Sec.
    170201(a)-(d), title XXXII, Sec. 320101(c), title XXXIII, Sec.
    330016(2)(B), Sept. 13, 1994, 108 Stat. 2042, 2043, 2108, 2148;
    Pub. L. 104-294, title VI, Sec. 604(b)(7), (12)(B), Oct. 11, 1996,
    110 Stat. 3507.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 455 (Mar. 4, 1909, ch.
    321, Sec. 276, 35 Stat. 1143).
      Opening paragraph was added to preserve the jurisdictional
    limitation provided for by section 451 of title 18, U.S.C., 1940
    ed., now section 7 of this title. (See reviser's note thereunder.)
      Phraseology was simplified.
                                AMENDMENTS
      1996 - Pub. L. 104-294, Sec. 604(b)(12)(B), repealed Pub. L. 103-
    322, Sec. 320101(c)(1)(A), (2)(A). See 1994 Amendment note below.
      Pub. L. 104-294, Sec. 604(b)(7), repealed Pub. L. 103-322, Sec.
    170201(c)(1)-(3). See 1994 Amendment note below.
      1994 - Pub. L. 103-322, Sec. 330016(2)(B), substituted "a fine
    under this title" for "fine of not more than" through the
    immediately following dollar amount wherever appearing.
      Pub. L. 103-322, Sec. 320101(c), as amended by Pub. L. 104-294,
    Sec. 604(b)(12)(B), which directed the amendment of subsec. (c) by
    substituting "ten years" for "five years" and the amendment of
    subsec. (e) by substituting "six months" for "three months", were
    executed by making the substitutions in subsecs. (a)(3) and (a)(5),
    respectively, to reflect the probable intent of Congress and the
    redesignation of subsecs. (c) and (e) as subsecs. (a)(3) and
    (a)(5), respectively. See below.
      Pub. L. 103-322, Sec. 170201(a)-(d), as amended by Pub. L. 104-
    294, Sec. 604(b)(7), designated existing provisions as subsec.
    (a), redesignated former subsecs. (a) to (f) as pars. (1) to (6),
    respectively of subsec. (a) and realigned margins, inserted before
    period at end of par. (5) ", or if the victim of the assault is an
    individual who has not attained the age of 16 years, by fine under
    this title or imprisonment for not more than 1 year, or both", and
    added subsecs. (a)(7) and (b).
      1986 - Subsec. (a). Pub. L. 99-646, Sec. 87(c)(2), and Pub. L. 99-
    654, Sec. 3(a)(2), amended subsec. (a) identically, striking out
    "or rape" after "murder".
      Subsec. (b). Pub. L. 99-646, Sec. 87(c)(3), and Pub. L. 99-654,
    Sec. 3(a)(3), amended subsec. (b) identically, substituting "a
    felony under chapter 109A" for "rape".
      1976 - Subsec. (f). Pub. L. 94-297 added subsec. (f).
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
    section 604(d) of Pub. L. 104-294, set out as a note under section
    13 of this title.
                     EFFECTIVE DATE OF 1986 AMENDMENTS
      Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective
    respectively 30 days after Nov. 10, 1986, and 30 days after Nov.
    14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub.
    L. 99-654, set out as an Effective Date note under section 2241 of
    this title.
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