a club over someone’s head, even though no harm isactually done, is each an act of simple assault. When thethreat is consummated and force is applied to the victim,the offense becomes assault and battery.Section (b) describes aggravated assault, of whichthere are two types. The first is assault with a dangerousweapon and other means of force likely to kill orgrievously harm the victim (like shoving a person overthe fantail). The second type takes place when anassailant intentionally inflicts severe bodily harm, withor without a weapon. If, after you have knocked anindividual down, you repeatedly kick him/her so as tobreak the person’s ribs, you have committed aggravatedassault.Art. 129. BurglaryAny person subject to this chapter who,with intent to commit an offense punishableunder… articles 118 - 128, breaks and enters, inthe nighttime, the dwelling house of another, isguilty of burglary and shall be punished as acourt-martial may direct.The house must be a dwelling place at the time ofthe breaking and entry, but the residents do not have toactually be in it. A simple act such as opening a closeddoor or window or some other similar fixture or cuttingout the glass of a window or the netting of a screenconstitutes breaking. Entry gained through a trick, falsepretense, impersonation, intimidation, or collusion alsoconstitutes breaking. For the intruder to succeed incarrying out the intent for which the house was brokeninto is not an essential element.Art. 130. HousebreakingAny person subject to this chapter whounlawfully enters the building or structure ofanother with intent to commit a criminaloffense therein is guilty of housebreaking andshall be punished as a court-martial may direct.The initial entering must amount to trespassing; thisarticle is not violated if the accused entered the buildingor structure lawfully, even though the person had theintent to commit an offense therein. This offense isbroader than burglary in that the place entered need notbe a dwelling house; also, the place need not beoccupied. A breaking is not essential. The entry may beeither in the nighttime or in the daytime. The criminalintent is not limited to those offenses punishable underarticles 118 through 128.Art. 131. PerjuryAny person subject to this chapter who in ajudicial proceeding or in a course of justicewillfully and corruptly—(1) upon a lawful oath or in any formallowed by law to be substituted for an oath,gives any false testimony material to the issueor 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 orperjury as permitted under section 1746 of title28, United States Code, subscribes any falsestatement material to the issue or matter ofinquiry;is guilty of perjury and shall be punished as acourt-martial may direct.Art. 132. Frauds against the United StatesAny person subject to this chapter—(1) who, knowing it to be false orfraudulent—(A) makes any claim against theUnited States or any officer thereof; or(B) presents to any person in the civilor military service thereof, for approval orpayment, any claim against the United Statesor any officer thereof;(2) who, for the purpose of obtaining theapproval, allowance, or payment of any claimagainst the United States or any officerthereof—(A) makes or uses any writing or otherpaper knowing it to contain any false orfraudulent statements;(B) makes any oath to any fact or to anywriting or other paper knowing the oath to befalse; or2-34Student Notes:
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