Sec. 26.05.897. Assault.
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Sec. 26.05.897. Assault.
(a)A member of the militia commits the offense of assault if the person attempts or offers to do bodily harm to another person using unlawful force or violence, whether or not the attempt or offer is consummated. A person who commits assault may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
(b)A member of the militia commits the offense of aggravated assault if the person
(1)uses a dangerous weapon or other means or force likely to produce death or grievous bodily harm to commit the offense described in
(a)of this section or
(2)commits the offense described in
(a)of this section and intentionally inflicts grievous bodily harm, with or without a weapon, on another person. A person who commits aggravated assault may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.