§ 1389

Prohibition on attacks on United States servicemen on account of service

Up to 10 years Violence & Threats None sentenced (FY2025) Ch. 67 · Military and Navy

Official text prohibited actmental stateif conditionpenaltylegal term

(a) In General. 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 or to do so, shall—

(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 in an amount not less than $500 nor more than $10,000 and imprisoned not more than 2 years;

(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 in an amount not less than $1000 nor more than $100,000 and imprisoned not more than 5 years; and

(3) in the case of a battery, or an assault resulting in , be in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years.

(b) Exception. This section shall not apply to conduct by a person who is subject to the Uniform Code of Military Justice.

(c) Definitions. In this section—

(1) the term "Armed Forces" has the meaning given that term in section 1388;

(2) the term "immediate family member" has the meaning given that term in section 115; and

(3) the term "United States serviceman"—

(A) means a member of the Armed Forces; and

(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.

History: (Added Pub. L. 111–84, div. E, §4712(a), Oct. 28, 2009, 123 Stat. 2842.)

Simplified explanation

It is a federal crime to knowingly assault or attack a U.S. service member, or their immediate family member, or to damage their property, because of the person's military service. Former service members are covered for 5 years after discharge. Attempts and conspiracies are also crimes.