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§ 113. —  Assaults within maritime and territorial jurisdiction.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC113]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                           CHAPTER 7--ASSAULT
 
Sec. 113. Assaults within maritime and territorial jurisdiction

    (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.

(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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1113, 3559, 5032 of this 
title; title 49 section 46506.



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