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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 124 - Maiming

Source: Internal (UCMJ) or external at constitution.org

The UCMJ is the derived source of this information.  The information below is for illustration and educational purposes only and may not reflect the most recent changes.  Please refer to your Legal Office or Area Defense Counsel for legal advice.

Text.

“Any person subject to this chapter who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which—”

(1) “seriously disfigures his person by any mutilation thereof;”

(2) “destroys or disables any member or organ of his body; or”

(3) “seriously diminishes his physical vigor by the injury of any member or organ; is guilty of maiming and shall be punished as a court-martial may direct.”

Elements.

(1) That the accused inflicted a certain injury upon a certain person;

(2) That this injury seriously disfigured the person’s body, destroyed or disabled an organ or member, or seriously diminished the person’s physical vigor by the injury to an organ or member; and

(3) That the accused inflicted this injury with an intent to cause some injury to a person.

Explanation.

(1) Nature of offense. It is maiming to put out a person’s eye, to cut off a hand, foot, or finger, or to knock out a tooth, as these injuries destroy or disable those members or organs. It is also maiming to injure an internal organ so as to seriously diminish the physical vigor of a person. Likewise, it is maiming to cut off an ear or to scar a face with acid, as these injuries seriously disfigure a person. A disfigurement need not mutilate any entire member to come within the article, or be of any particular type, but must be such as to impair perceptibly and materially the victim’s comeliness. The disfigurement, diminishment of vigor, or destruction or disablement of any member or organ must be a serious injury of a substantially permanent nature. However, the offense is complete if such an injury is inflicted even though there is a possibility that the victim may eventually recover the use of the member or organ, or that the disfigurement may be cured by surgery.

(2) Means of inflicting injury. To prove the offense it is not necessary to prove the specific means by which the injury was inflicted. However, such evidence may be considered on the question of intent.

(3) Intent. Maiming requires a specific intent to injure generally but not a specific intent to maim. Thus, one commits the offense who intends only a slight injury, if in fact there is infliction of an injury of the type specified in this article. Infliction of the type of injuries specified in this article upon the person of another may support an inference of the intent to injure, disfigure, or disable.

(4) Defenses. If the injury is done under circumstances which would justify or excuse homicide, the offense of maiming is not committed. See R.C.M. 916 in the Manual Of Courts Martials (linked to a 3.5M PDF).

Lesser included offenses.

(1) Article 128—assault; assault consummated by a battery

(2) Article 128—assault with a dangerous weapon

(3) Article 128—assault intentionally inflicting grievous bodily harm

(4) Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 7 years.







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Revised: 10/21/09.