{"identifier":"/us/usc/t18/s1389","title":18,"num":"\u00a7\u202f1389.","heading":"Prohibition on attacks on United States servicemen on account of service","text":"\u00a7\u202f1389.\nProhibition on attacks on United States servicemen on account of service\n(a)\nIn General.\u2014\nWhoever knowingly assaults or batters a United States serviceman or an immediate family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or immediate family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall\u2014\n(1) in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years;\n(2) in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and\n(3) in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years.\n(b)\nException.\u2014\nThis section shall not apply to conduct by a person who is subject to the Uniform Code of Military Justice.\n(c)\nDefinitions.\u2014\nIn this section\u2014\n(1) the term \u201cArmed Forces\u201d has the meaning given that term in section 1388;\n(2) the term \u201cimmediate family member\u201d has the meaning given that term in section 115; and\n(3) the term \u201cUnited States serviceman\u201d\u2014\n(A) means a member of the Armed Forces; and\n(B) includes a former member of the Armed Forces during the 5-year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.","url":"https://projectusc.org/usc/t18/s1389.html","content":[{"t":"sec","id":"/us/usc/t18/s1389","children":[{"t":"num","text":"\u00a7\u202f1389."},{"t":"heading","text":"Prohibition on attacks on United States servicemen on account of service"},{"t":"subsec","id":"/us/usc/t18/s1389/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In General.\u2014"},{"t":"chapeau","text":"Whoever knowingly assaults or batters a United States serviceman or an immediate family member of a United States serviceman, or who knowingly destroys or injures the property of such serviceman or immediate family member, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so, shall\u2014"},{"t":"para","id":"/us/usc/t18/s1389/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" in the case of a simple assault, or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1389/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" in the case of destruction or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1389/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s1389/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Exception.\u2014"},{"t":"content","text":"This section shall not apply to conduct by a person who is subject to the Uniform Code of Military Justice.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s1389/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"In this section\u2014"},{"t":"para","id":"/us/usc/t18/s1389/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201cArmed Forces\u201d has the meaning given that term in section 1388;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1389/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the term \u201cimmediate family member\u201d has the meaning given that term in section 115; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s1389/c/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" the term \u201cUnited States serviceman\u201d\u2014"},{"t":"subpara","id":"/us/usc/t18/s1389/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" means a member of the Armed Forces; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t18/s1389/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" includes a former member of the Armed Forces during the 5-year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}