The nonconsensual kissing of another constitutes an assault consummated by a battery. United States v.
Server, 39 MJ 1 (CMA 1994) (Kissing, even though it generally implies a minimum use of force, is
sufficient for offense of assault and battery). Spitting on another, or merely touching another's shirt or
blouse without consent is sufficient to constitute assault consummated by a battery. See United States v.
Bonano-Terres, 31 MJ 175, 180 (CMA 1990) (evidence that accused attempted to unbutton victim's
blouse demonstrated sufficient offensive touching to amount to battery).
C. Aggravated assault. In aggravated assault, the crime is considered more severe because a
dangerous weapon or other means or force likely to result in death or grievous bodily harm is used, or
that grievous bodily harm has been intentionally inflicted upon the victim. The UCMJ recognizes two
kinds of aggravated assault. One is an assault with a dangerous weapon or other means or force likely to
produce death or grievous bodily harm. The other is an assault, with or without a weapon, in which the
perpetrator intentionally inflicts grievous bodily harm.
1. Aggravated assault with a dangerous weapon or other means or force likely to produce
death or grievous bodily harm. This type of aggravated assault consists of four basic elements:
a. That the person attempted to do, offered to do, or did bodily harm to a certain person;
b. That the accused did so with a certain weapon, means, or force;
c. That the attempt, offer, or bodily harm was done with unlawful force or violence, and
d. That the weapon, means, or force was used in a manner likely to produce death or
grievous bodily harm.
NOTE: Where appropriate, an additional aggravating element may be included indicating that the
weapon used was a loaded firearm. This will increase the maximum permissible punishment.
A weapon is considered "dangerous" when it is used in a manner likely to produce death or
grievous bodily harm. Part IV, MCM 1984, para 54(c) (4) (a) (i). The phrase "grievous bodily harm"
refers to serious bodily injury beyond a black eye or a bloody nose. It includes fractured or dislocated
bones, deep cuts, torn members of the body, serious damage to internal organs, and other serious bodily
injuries. Part IV, MCM 1984, Para 54(c) (4) (a) (iii).
The phrase "means or force" may include any means or instrumentality not normally considered
a weapon. When the natural and probable consequence of a particular use of any means or force would
be death or grievous bodily harm, it may be said that the means or force is "likely" to produce that result.
A bottle, a glass, a rock, a bunk adaptor, a piece of pipe, a piece of wood,