§ 113. Assaults within maritime and territorial jurisdiction

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(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 or a violation of section 2241 or 2242, by a fine under this title, imprisonment for not more than 20 years, or both.

(2)Assault with intent to commit any felony, except murder or a violation of section 2241 or 2242, 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, 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 1 year, 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 a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years, by a fine under this title or imprisonment for not more than 5 years, or both.

(8)Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both.

(b)Definitions.— In this section—

(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;

(2)the term “serious bodily injury” has the meaning given that term in section 1365 of this title;

(3)the terms “dating partner” and “spouse or intimate partner” have the meanings 1 given those terms in section 2266;

(4)the term “strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and

(5)the term “suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

(June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 94–297, § 3, May 29, 1976, 90 Stat. 585; Pub. L. 99–646, § 87(c)(2), (3), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(a)(2), (3), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 103–322, title XVII, § 170201(a)–(d), title XXXII, § 320101(c), title XXXIII, § 330016(2)(B), Sept. 13, 1994, 108 Stat. 2042, 2043, 2108, 2148; Pub. L. 104–294, title VI, § 604(b)(7), (12)(B), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 113–4, title IX, § 906(a), Mar. 7, 2013, 127 Stat. 124.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 455 (Mar. 4, 1909, ch. 321, § 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.

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