---
kind: "section"
citation: "18 U.S.C. § 1389"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "1389"
heading: "Prohibition on attacks on United States servicemen on account of service"
release: "119-102"
url: "https://uscodex.org/usc/18/1389"
units:
  - "Part I — Crimes"
  - "Chapter 67 — Military and Navy"
---

# §1389. Prohibition on attacks on United States servicemen on account of service

- (a) **In General.—** Whoever knowingly assaults or batters a [United States serviceman](#c-3) or an [immediate family member](#c-2) of a [United States serviceman](#c-3), or who knowingly destroys or injures the property of such serviceman or [immediate family member](#c-2), on account of the military service of that serviceman or status of that individual as a [United States serviceman](#c-3), or who attempts or conspires 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 fined under this title 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 fined under this title 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 [bodily injury](/usc/18/249.md?p=c-1), be fined under this title 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](/usc/18/1388.md);
  - (2) the term “immediate family member” has the meaning given that term in [section 115](/usc/18/115.md); and
  - (3) the term “United States serviceman”—
    - (A) means a member of the [Armed Forces](#c-1); and
    - (B) includes a former member of the [Armed Forces](#c-1) during the 5-year period beginning on the date of the discharge from the [Armed Forces](#c-1) of that member of the [Armed Forces](#c-1).

## Source credit

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

## Notes

### Editorial Notes

### References in Text

The Uniform Code of Military Justice, referred to in subsec. (b), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.