10 U.S.C. § 928b

Art. 128b. Domestic violence

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(a)In General.—Any person who—(1) commits a violent offense against a spouse, an intimate partner, a dating partner, or an immediate family member of that person;(2) with intent to threaten or intimidate a spouse, an intimate partner, a dating partner, or an immediate family member of that person—(A) commits an offense under this chapter against any person; or(B) commits an offense under this chapter against any property, including an animal;(3) with intent to threaten or intimidate a spouse, an intimate partner, a dating partner, or an immediate family member of that person, violates a protection order;(4) with intent to commit a violent offense against a spouse, an intimate partner, a dating partner, or an immediate family member of that person, violates a protection order; or(5) assaults a spouse, an intimate partner, a dating partner, or an immediate family member of that person by strangling or suffocating;shall be punished as a court-martial may direct.(b)Definitions.—In this section, the terms “dating partner”, “immediate family”, and “intimate partner” have the meanings given such terms in section 930 of this title (article 130).(Added Pub. L. 115–232, div. A, title V, § 532(a)(1), Aug. 13, 2018, 132 Stat. 1759; amended Pub. L. 116–92, div. A, title XVII, § 1731(a)(20), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 118–31, div. A, title V, § 531(d)(1), Dec. 22, 2023, 137 Stat. 259.)Editorial NotesAmendments

2023—Pub. L. 118–31 designated existing provisions as subsec. (a), inserted heading, inserted “a dating partner,” after “an intimate partner,” wherever appearing, and added subsec. (b).

2019—Pub. L. 116–92 inserted section catchline. Identical section catchline had been editorially supplied.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 115–232, div. A, title V, § 532(b), Aug. 13, 2018, 132 Stat. 1760, provided that: “The amendments made by this section [enacting this section] shall take effect on January 1, 2019, immediately after the coming into effect of the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) [see Tables for classification] as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).”

Notes of Decisions
Cited in 62 cases (62 in the last 5 years), 2021–2026 · leading case: United States v. Ching (A.F.C.C.A. 2025).
United States v. Ching (A.F.C.C.A. 2025). · cites it 3× “§ 915 , and four specifications of domestic violence against a spouse in violation of Article 128b, UCMJ, 10 U.S.C. § 928b. The military judge sentenced Appellant to con- finement for 35 days, hard labor without confinement for eight days, forfeiture of $200.”
United States v. Kindred (A.F.C.C.A. 2026). · cites it 3× “§ 928 ; six specifications of domestic violence, in violation of Article 128b, UCMJ, 10 U.S.C. § 928b; and one specification of obstructing jus- tice, in violation of Article 131b, UCMJ, 10 U.”
United States v. Kindred (A.F.C.C.A. 2026). · cites it 3× “§ 928 ; six specifications of domestic violence, in violation of Article 128b, UCMJ, 10 U.S.C. § 928b; and one specification of obstructing jus- tice, in violation of Article 131b, UCMJ, 10 U.”
United States v. Kindred (A.F.C.C.A. 2026). · cites it 3× “§ 928 ; six specifications of domestic violence, in violation of Article 128b, UCMJ, 10 U.S.C. § 928b; and one specification of obstructing jus- tice, in violation of Article 131b, UCMJ, 10 U.”
United States v. BAUTISTA (N.M.C.C.A. 2024). · cites it 2× “3 10 U.S.C. § 928b. 4 10 U.S.C. § 887a. 5 10 U.”
United States v. CAMPOS (N.M.C.C.A. 2024). · cites it 2× “Charge VI: Violation of Article 128b, Uniform Code of Military Justice, 10 U.S.C. § 928b. Plea: Guilty. Finding: Guilty.”
<p data-block-key=\b3vkn\">U.S. v. VALDEZ</p>" (N.M.C.C.A. 2024). · cites it 2× “After seeing the video, Appellant decided to leave the bar they were in and began 2 10 U.S.C. § 928b. 3 All names in this opinion, other than Appellant, counsel, and the military judge, are pseudonyms.”
United States v. WILLIAMS (N.M.C.C.A. 2026). · cites it 2× “FINDINGS The following are the Accused’s pleas and the Court’s findings to all offenses the convening authority referred to trial: Charge I: Violation of Article 128b, Uniform Code of Military Justice, 10 U.S.C. § 928b. Plea: Not Guilty. Finding: Guilty.”
United States v. Brown (C.A.A.F. 2026). · cites it 2× “Background Appellant was charged with two specifications of do- mestic violence in violation of Article 128b, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 928b (2018). Spec- ification 1 alleged that Appellant committed a violent of- fense against his wife, K.”
United States v. Cameron (N.M.C.C.A. 2021).
United States v. Palik (A.F.C.C.A. 2023). “See 10 U.S.C. § 928b(5); see also MCM, App. 2, at A2-46.”
— 10 U.S.C. § 928b(1) — 6 cases
United States v. Ching (A.F.C.C.A. 2025). “§ 915 , and four specifications of domestic violence against a spouse in violation of Article 128b, UCMJ, 10 U.S.C. § 928b. The military judge sentenced Appellant to con- finement for 35 days, hard labor without confinement for eight days, forfeiture of $200.”
United States v. Kindred (A.F.C.C.A. 2026). “§ 928 ; six specifications of domestic violence, in violation of Article 128b, UCMJ, 10 U.S.C. § 928b; and one specification of obstructing jus- tice, in violation of Article 131b, UCMJ, 10 U.”
United States v. Kindred (A.F.C.C.A. 2026). “§ 928 ; six specifications of domestic violence, in violation of Article 128b, UCMJ, 10 U.S.C. § 928b; and one specification of obstructing jus- tice, in violation of Article 131b, UCMJ, 10 U.”
United States v. Campbell (A.F.C.C.A. 2026).
United States v. Talley (A.F.C.C.A. 2026).
— 10 U.S.C. § 928b(5) — 4 cases
United States v. Palik (A.F.C.C.A. 2023). “See 10 U.S.C. § 928b(5); see also MCM, App. 2, at A2-46.”
United States v. Kindred (A.F.C.C.A. 2026). “§ 928 ; six specifications of domestic violence, in violation of Article 128b, UCMJ, 10 U.S.C. § 928b; and one specification of obstructing jus- tice, in violation of Article 131b, UCMJ, 10 U.”
United States v. Kindred (A.F.C.C.A. 2026). “§ 928 ; six specifications of domestic violence, in violation of Article 128b, UCMJ, 10 U.S.C. § 928b; and one specification of obstructing jus- tice, in violation of Article 131b, UCMJ, 10 U.”
United States v. Kindred (A.F.C.C.A. 2026). “§ 928 ; six specifications of domestic violence, in violation of Article 128b, UCMJ, 10 U.S.C. § 928b; and one specification of obstructing jus- tice, in violation of Article 131b, UCMJ, 10 U.”
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