| |
physical vigor of a person is also considered
maiming.
The disfigurement, diminishment of vigor, or
destruction or disablement of any member or
organ must be a serious injury, one of a sub-
stantially permanent nature. However, the offense
is complete if such an injury is inflicted, even
though the victim may eventually recover the use
of the member or organ or the disfigurement may
be cured by surgery.
Art. 125. Sodomy
(a) Any person subject to this code
who engages in unnatural carnal copula-
tion with another person of the same or
opposite sex or with an animal is guilty of
sodomy. Penetration, however slight, is
sufficient to complete the offense.
(b) Any person found guilty of sodomy
shall be punished as a court-martial may
direct.
Any unnatural method of carnal copulation
is prohibited by this article. Any penetration,
however slight, is sufficient to complete the
offense; emission is not necessary.
Art. 126. Arson
(a) Any person subject to this code
who willfully and maliciously burns or sets
on fire an inhabited dwelling, or any other
structure, movable or immovable, wherein
to the knowledge of the offender there is
at the time a human being, is guilty of
aggravated arson and shall be punished as
a court-martial may direct.
(b) Any person subject to this code
who willfully and maliciously burns or sets
fire to the property of another, except as
provided in subsection (a), is guilty of
simple arson and shall be punished as a
court-martial may direct.
In aggravated arson, danger to human life is
the essential element; in simple arson, it is injury
to the property of another. In either case, the fact
that no one is injured is immaterial.
Art. 127. Extortion
Any person subject to this code who
communicates threats to another person
with the intention thereby to obtain
anything of value or any acquittance,
advantage, or immunity is guilty of extor-
tion and shall be punished as a court-
martial may direct.
A threat may be communicated by word of
mouth or in writing, the essential element of the
offense being the knowledge of the threat to the
victim. An acquittance is, in general terms, a
release or discharge from an obligation. An
intent to obtain any advantage or immunity of
any description may include an intent to make a
person do an act unwillingly.
The threat sufficient to constitute extortion
may be a threat against the person or property
of the individual threatened. It may also be a
threat of unlawful injury or any other harm to
any family member or other person held dear to
the victim.
Art. 128. Assault
(a) Any person subject to this code
who attempts or offers with unlawful force
or violence to do bodily harm to another
person, whether or not the attempt or offer
is consummated, is guilty of assault and
shall be punished as a court-martial may
direct.
(b) Any person subject to this code
who
(1) commits an assault with a
dangerous weapon or other means
of force likely to produce death or
grievous bodily harm; or
(2) commits an assault and
intentionally inflicts grievous bodily
harm with or without a weapon;
is guilty of aggravated assault and shall be
punished as a court-martial may direct.
Section (a) describes the offense of simple
assault. Swinging your fist, pointing a gun at a
person, or raising a club over someones head,
even though no harm is actually done, is each an
act of simple assault. When the threat is
consummated and force is applied to the victim,
the offense becomes assault and battery.
Section (b) describes aggravated assault, of
which there are two types. The first is assault with
a dangerous weapon and other means of force
likely to kill or grievously harm the victim (like
shoving a person over the fantail). The second
type takes place when an assailant intentionally
6-23
|