18 U.S.C. 113: Federal Assault Offenses

18 U.S.C. § 113 defines several federal assault offenses within the special maritime and territorial jurisdiction of the United States. Different conduct and injury levels produce different charges. [1]

Match the subsection to the allegation

The statute distinguishes forms of assault involving intent, weapons, bodily injury, and specified victim relationships or conduct. A phrase such as federal assault does not identify the elements or maximum punishment. [1]

The government also needs the relevant jurisdictional connection; Section 7 defines the special maritime and territorial jurisdiction. [2] Assault on a federal officer can implicate a different charging statute, so identify the provision actually alleged.

Examine evidence and charging language

Identify the alleged location, act, intent, victim, injuries, and weapon evidence. Self-defense and other defenses depend on the circumstances and controlling law. [1]

A medical description of an injury does not automatically establish the statutory injury category. Review the exact definitions and charge rather than assuming every physical encounter is the same offense. [1]

Practical application

A charge involving a dangerous weapon does not necessarily require the same injury evidence as a charge alleging serious bodily injury. Identify the intent and conduct required by the selected paragraph. The location also needs separate proof under the special maritime and territorial jurisdiction statute. A general assertion that an incident happened near federal property is not a substitute for establishing the legal jurisdictional facts. [1] [2]

The eight statutory penalty categories

Section 113 provides up to twenty years for the specified murder or sexual-abuse intent offense; up to ten for other felony intent; up to ten for dangerous-weapon assault; up to one year for striking, beating, or wounding; generally up to six months for simple assault, increased to one year for a victim under sixteen; up to ten years for serious bodily injury; up to five for specified substantial-injury victims; and up to ten for the listed intimate-partner strangulation or suffocation offense. Fines are also addressed. Read each category’s complete elements rather than selecting a maximum solely from an injury description. [1]

Related questions

Related guidance: assault on a federal officer and 18 U.S.C. 1111: Federal Murder Charges.

Primary sources

  1. 18 U.S.C. § 113 — Office of Law Revision Counsel
  2. 18 U.S.C. § 7 — Office of Law Revision Counsel

Sources checked: October 31, 2026.