defense to burglary (specific intent crime), but not to unlawful entry (general intent crime).
3. Intent distinguished from motive.
The term "intent" should not be confused with "motive." Motive is what prompts a
person to act, while intent is more closely associated with what goal the perpetrator seeks to achieve
through his actions. See United States v. Huet-Vauqhn, 43 MJ 105, (1995). In this case, an Army
Captain, a medical officer, was convicted of desertion with the intent to avoid hazardous duty during
Desert Storm/Shield. The Court of Appeals for the Armed Forces held that to the extent that accused
quit her unit as a gesture of protest, evidence of her motive for protesting was "irrelevant to whether she
possessed the specific intent to avoid hazardous duty or shirk important service." Id. at 106.
QUESTION: A MURDERS B IN ORDER TO TAKE B'S MONEY. WHAT IS A'S INTENT?
ANSWER: TO KILL.
QUESTION: WHAT IS A'S MOTIVE?
ANSWER: TO GET THE MONEY.
PART B - CRIMES AGAINST THE PERSON
A. Simple assault (Article 128, UCMJ).
Under the Uniform Code of Military Justice (UCMJ), the crime of assault is defined as an
attempt to offer to do bodily harm to another with unlawful force or violence whether or not the attempt
or offer is actually consummated (completed). Part IV, MCM, 1984, Para 54(c) (1) (a). A simple
assault can be committed in one of two different ways: by offer or by attempt. Note that if the harm is
actually inflicted, we have another crime: Assault consummated by battery.
QUESTION: WHAT IS MEANT BY SIMPLE ASSAULT?
ANSWER: THE TERM "SIMPLE ASSAULT" DESCRIBES THOSE FORMS OF ASSAULT NOT
INCREASED IN SEVERITY THROUGH ACTUAL PHYSICAL CONTACT, THE USE OF
EXCESSIVE FORCE, THE USE OF A WEAPON, OR THE INFLICTING OF GRIEVOUS BODILY
HARM. UNDER THE UCMJ, THE PHRASE "SIMPLE ASSAULT" REFERS TO BOTH OFFER
AND ATTEMPT TYPE ASSAULTS.
1. Simple Assault by offer.
An offer is simply a physical manifestation or physical demonstration. An offer type
assault then, is an unlawful demonstration of violence which creates in the mind of another a reasonable
fear of receiving immediate bodily harm. Part IV, MCM, 1984, Para 54(C) (1) (B) (II). The basic
elements of proof in an offer type assault are that: