§ Article 128a : Maiming

Article 128a of the UCMJ (10 U.S.C. § 928a) punishes intentionally injuring another person in a way that seriously disfigures them, destroys or disables a body member or organ, or seriously diminishes their physical vigor — done with intent to injure, disfigure, or disable.

Who It Applies To

Any person subject to the UCMJ who, with intent to injure, disfigure, or disable, inflicts upon another person an injury that seriously disfigures that person by mutilation, destroys or disables any member or organ of that person’s body, or seriously diminishes that person’s physical vigor through injury to any member or organ.

What It Covers

1. The accused inflicted a certain injury on a certain person.
2. The injury seriously disfigured the person’s body, destroyed or disabled an organ or member, or seriously diminished the person’s physical vigor by injury to an organ or member.
3. The accused inflicted the injury with an intent to cause some injury to a person.

Key rules

• Under the Manual, putting out an eye, cutting off a hand, foot, or finger, knocking out a tooth, injuring an internal organ so as to seriously diminish physical vigor, cutting off an ear, or scarring a face with acid are examples of maiming.
• A disfigurement need not mutilate an entire member or be of a particular type, but must perceptibly and materially impair the victim’s appearance. The injury must be serious and of a substantially permanent nature, although the offense is complete even if the victim might eventually recover or the disfigurement might be surgically repaired.
• The specific means of injury need not be proved, although it may bear on intent.
• Maiming requires a specific intent to injure generally, not a specific intent to maim. A person who intends only a slight injury commits maiming if an injury of the specified type results. Inflicting such an injury may support an inference of the required intent.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.

Sentencing parameters. Category 3 (30–120 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Maiming requires a serious, substantially permanent injury of the listed kinds, inflicted with intent to cause some injury. Aggravated assault under Article 128 addresses substantial or grievous bodily harm without that specific type of lasting injury, and Articles 118 and 119 address killings.

What the Provision Does

Maiming addresses serious and lasting disfigurement or disability inflicted by someone who intended to cause injury, and authorizes a higher maximum punishment than most forms of aggravated assault.

History

Maiming appeared as Article 124 of the original 1950 UCMJ and was codified at 10 U.S.C. § 924 in 1956. The Military Justice Act of 2016 (Pub. L. 114-328) renumbered it as Article 128a, effective January 1, 2019; the Article 124 designation now covers frauds against the United States.

Sources

• 10 U.S.C. § 928a (Article 128a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 78
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C