18 U.S.C. § 113

Assaults within maritime and territorial jurisdiction

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(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 or a violation of section 2241 or 2242, by a fine under this title, imprisonment for not more than 20 years, or both.(2) Assault with intent to commit any felony, except murder or a violation of section 2241 or 2242, 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, 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 1 year, 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 a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years, by a fine under this title or imprisonment for not more than 5 years, or both.(8) Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both.(b)Definitions.—In this section—(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;(2) the term “serious bodily injury” has the meaning given that term in section 1365 of this title;(3) the terms “dating partner” and “spouse or intimate partner” have the meanings 11 So in original. Probably should be “meaning”. given those terms in section 2266;(4) the term “strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and(5) the term “suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.(June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 94–297, § 3, May 29, 1976, 90 Stat. 585; Pub. L. 99–646, § 87(c)(2), (3), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(a)(2), (3), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 103–322, title XVII, § 170201(a)–(d), title XXXII, § 320101(c), title XXXIII, § 330016(2)(B), Sept. 13, 1994, 108 Stat. 2042, 2043, 2108, 2148; Pub. L. 104–294, title VI, § 604(b)(7), (12)(B), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 113–4, title IX, § 906(a), Mar. 7, 2013, 127 Stat. 124.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 455 (Mar. 4, 1909, ch. 321, § 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.

Editorial NotesAmendments

2013—Subsec. (a)(1). Pub. L. 113–4, § 906(a)(1)(A), added par. (1) and struck out former par. (1) which read as follows: “Assault with intent to commit murder, by imprisonment for not more than twenty years.”

Subsec. (a)(2). Pub. L. 113–4, § 906(a)(1)(B), substituted “violation of section 2241 or 2242” for “felony under chapter 109A”.

Subsec. (a)(3). Pub. L. 113–4, § 906(a)(1)(C), struck out “and without just cause or excuse,” after “bodily harm,”.

Subsec. (a)(4). Pub. L. 113–4, § 906(a)(1)(D), substituted “1 year” for “six months”.

Subsec. (a)(7). Pub. L. 113–4, § 906(a)(1)(E), substituted “substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years” for “substantial bodily injury to an individual who has not attained the age of 16 years” and “a fine” for “fine”.

Subsec. (a)(8). Pub. L. 113–4, § 906(a)(1)(F), added par. (8).

Subsec. (b). Pub. L. 113–4, § 906(a)(2), inserted heading, substituted “In this section—” for “As used in this subsection—”, and added pars. (3) to (5).

1996—Pub. L. 104–294, § 604(b)(12)(B), repealed Pub. L. 103–322, § 320101(c)(1)(A), (2)(A). See 1994 Amendment note below.

Pub. L. 104–294, § 604(b)(7), repealed Pub. L. 103–322, § 170201(c)(1)–(3). See 1994 Amendment note below.

1994—Pub. L. 103–322, § 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, § 320101(c), as amended by Pub. L. 104–294, § 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, § 170201(a)–(d), as amended by Pub. L. 104–294, § 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, § 87(c)(2), and Pub. L. 99–654, § 3(a)(2), amended subsec. (a) identically, striking out “or rape” after “murder”.

Subsec. (b). Pub. L. 99–646, § 87(c)(3), and Pub. L. 99–654, § 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).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 1,381 cases (178 in the last 5 years), 1950–2026 · leading case: United States v. Carolyn Jackson

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United States v. Carolyn Jackson (2017) ca3 · cites it 24× “Defendants were also accused of assaulting C with a dangerous weapon with intent to do bodily harm (and aiding and abetting this assault) in violation of 18 U.S.C. §§ 113 (a)(3) and 2 (Count 13) as well as with intentionally assaulting C (and aiding and abetting such an assault)…”

United States v. Larry Burdette Johnson (1980) ca9 · cites it 20× “585 (codified at 18 U.S.C. §§ 113 ,1153 (1976)), shifting assault resulting in serious bodily injury and several other enumerated offenses into the category of crimes defined and punished in accordance with federal law.”

United States v. Smith (2009) ca9 · cites it 18× “After his release, Smith was charged in connection with the prison fight with "Assault with intent to commit murder," in violation of 18 U.S.C. § 113 (a)(1), and "Assault with a dangerous weapon, with intent to do bodily harm," in violation of 18 U.”

United States v. James Felix Knife, United States of America v. Leroy Lavern Iyotte (1979) ca8 · cites it 15× “Defendant Iyotte was found not guilty as to Count I but guilty of the lesser included offense of assault by striking, beating or wounding, 18 U.S.C. § 113 (d). The jury also found defendant Iyotte guilty as charged in Count II of the indictment.”

United States v. John Louis Iron Shell, Jr. (1980) ca8 · cites it 7× “The defense asserts that the court should have instructed the jury concerning a charge of assault by striking, beating or wounding under section 113(d).”

United States v. Eric Verwiebe (2017) ca6 · cites it 5× “1 based on his prior federal convictions for (1) assault with a dangerous weapon with intent to do bodily harm, 18 U.S.C. § 113 (a)(3), and (2) assault resulting in serious bodily injury, 18 U.”

Old Chief v. United States (1997) scotus · cites it 4× “Perhaps petitioner's case was damaged when the jury discovered that he previously had committed a felony and heard the name of his crime.”

United States v. Tindall (2008) ca10 · cites it 9× “Emery Garret Tindall pleaded guilty to assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 113 (a)(6) and 1153. The district court enhanced Tindall’s sentence after concluding the injuries could have resulted in the loss of the victim’s life.”

United States v. Smith (2008) ca9 · cites it 12× “The jury, however, found Smith not guilty of assault with intent to commit murder.”

United States v. Goodwin (1982) scotus · cites it 4× “One count of "fleeing from a police officer," in violation of 18 U.”

United States v. Gregorio Camejo (2003) ca6 · cites it 8× “, Defendant was convicted of assault resulting in serious bodily injury while within the special territorial jurisdiction of the United States, in violation of 18 U.S.C. § 113 (a)(6). Defendant appeals his conviction and sentence of 120 months incarceration (representing a…”

United States v. Jaime Estrada-Fernandez Jose Valenzuela-Hernandez (1998) ca5 · cites it 12× “PER CURIAM: Defendants-appellants Jaime Estrada-Fernandez and Jose Valenzuela-Hernandez appeal their convictions for assault with a dangerous weapon pursuant to 18 U.S.C. § 113 (a)(3). They contend that the district court erred in failing to give certain lesser-included-offense…”

Show all 1,381 citing cases →

— 18 U.S.C. § 113(a) — 5 cases

United States v. Ivon E. Yates (2002) ca8

United States v. McArthur (1997) ca11

United States v. Tommie Bell (1975) ca7

United States v. Wilbert Anderson (1976) ca5

United States v. Ivon E. Yates (2002) ca8

— 18 U.S.C. § 113(a)(3) — 3 cases

United States v. Carolyn Jackson (2017) ca3 “Defendants were also accused of assaulting C with a dangerous weapon with intent to do bodily harm (and aiding and abetting this assault) in violation of 18 U.S.C. §§ 113 (a)(3) and 2 (Count 13) as well as with intentionally assaulting C (and aiding and abetting such an assault)…”

Walker v. United States (2021) idd

United States v. Rhawnie Marcellais (2025) ca8

— 18 U.S.C. § 113(a)(5) — 1 case

— 18 U.S.C. § 113(a)(6) — 1 case

— 18 U.S.C. § 113(a)(7) — 1 case

United States v. Gabriel Andrew (2015) ca9

— 18 U.S.C. § 113(b) — 1 case

United States v. Troy Sargent (2024) cadc

— 18 U.S.C. § 113(c) — 6 cases

United States v. Aaron Dewayne Goodface (1987) ca8

James Gary Brundage v. United States (1966) ca10

United States v. Stuart Cleveland and Augustine Cleveland, United States of America v. Daven Chiago and Sanford Chiago (1975) ca9

United States v. Fitzgerald (1987) cand

United States v. Jackie Benny Boykin A/K/A Benny Jackie Boykin (1968) ca3

— 18 U.S.C. § 113(d) — 1 case

United States v. Mark A. Salazar (1974) ca8

— 18 U.S.C. § 113(f) — 1 case

United States v. Fitzgerald (1987) cand

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.