a club over someone’s head, even though no harm is
actually done, is each an act of simple assault. When the
threat is consummated and force is applied to the victim,
the offense becomes assault and battery.
Section (b) describes aggravated assault, of which
there are two types. The first is assault with a dangerous
weapon and other means of force likely to kill or
grievously harm the victim (like shoving a person over
the fantail). The second type takes place when an
assailant intentionally inflicts severe bodily harm, with
or without a weapon. If, after you have knocked an
individual down, you repeatedly kick him/her so as to
break the person’s ribs, you have committed aggravated
assault.
Art. 129. Burglary
Any person subject to this chapter who,
with intent to commit an offense punishable
under… articles 118 - 128, breaks and enters, in
the nighttime, the dwelling house of another, is
guilty of burglary and shall be punished as a
court-martial may direct.
The house must be a dwelling place at the time of
the breaking and entry, but the residents do not have to
actually be in it. A simple act such as opening a closed
door or window or some other similar fixture or cutting
out the glass of a window or the netting of a screen
constitutes breaking. Entry gained through a trick, false
pretense, impersonation, intimidation, or collusion also
constitutes breaking. For the intruder to succeed in
carrying out the intent for which the house was broken
into is not an essential element.
Art. 130. Housebreaking
Any person subject to this chapter who
unlawfully enters the building or structure of
another with intent to commit a criminal
offense therein is guilty of housebreaking and
shall be punished as a court-martial may direct.
The initial entering must amount to trespassing; this
article is not violated if the accused entered the building
or structure lawfully, even though the person had the
intent to commit an offense therein. This offense is
broader than burglary in that the place entered need not
be a dwelling house; also, the place need not be
occupied. A breaking is not essential. The entry may be
either in the nighttime or in the daytime. The criminal
intent is not limited to those offenses punishable under
articles 118 through 128.
Art. 131. Perjury
Any person subject to this chapter who in a
judicial proceeding or in a course of justice
willfully and corruptly—
(1) upon a lawful oath or in any form
allowed by law to be substituted for an oath,
gives any false testimony material to the issue
or matter of inquiry; or
(2) i n a ny d e c l a r a t i o n , c e r t i fi c a t e ,
verification, or statement under penalty or
perjury as permitted under section 1746 of title
28, United States Code, subscribes any false
statement material to the issue or matter of
inquiry;
is guilty of perjury and shall be punished as a
court-martial may direct.
Art. 132. Frauds against the United States
Any person subject to this chapter—
(1) who, knowing it to be false or
fraudulent—
(A)
makes any claim against the
United States or any officer thereof; or
(B)
presents to any person in the civil
or military service thereof, for approval or
payment, any claim against the United States
or any officer thereof;
(2) who, for the purpose of obtaining the
approval, allowance, or payment of any claim
against the United States or any officer
thereof—
(A)
makes or uses any writing or other
paper knowing it to contain any false or
fraudulent statements;
(B)
makes any oath to any fact or to any
writing or other paper knowing the oath to be
false; or
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Student Notes:
