Attacks on U.S. Servicemen on Account of Service (Title 18 U.S. Code 1389)

Military personnel put their lives on the line for the good of the country on a regular basis. Unfortunately, their service also sometimes makes them targets of those who may disagree with military policies.

Title 18 U.S. Code § 1389 establishes strict federal criminal penalties for individuals who intentionally harm United States servicemen or their immediate family members on account of their military service.

This statute reflects the gravity with which the federal government views targeted violence against the armed forces, covering acts of assault, battery, and property damage, as well as attempts and conspiracies to commit these offenses.

Because these are federal charges, the potential consequences—including significant prison time and substantial fines—are severe and distinct from those in state prosecutions.

If you are facing charges under this law, you are facing the potential for heavy fines and/or prison time, and prosecutors tend to pursue these cases aggressively.

Your best hope of avoiding the worst outcomes is with the assistance of experienced federal criminal defense attorneys.

Eisner Gorin, LLP has extensive experience with difficult or complex federal cases, and our attorneys will work meticulously to provide you with the best defense and protect your rights. To schedule a consultation, call us at (818) 781-1570, or contact us here.

What Does 18 U.S.C. § 1389 Say?

In essence, 18 U.S.C. § 1389 prohibits attacks on:

Active and former military personnel;
Their families; and/or
Their property.

This federal statute is designed to safeguard the men and women of the United States Armed Forces from targeted violence and harassment.

The law specifically criminalizes knowingly assaulting, battering, or damaging the property of a servicemember or their immediate family member when the act is committed because of the individual's military service.

Who Is Protected Under This Law?

U.S.C. § 1389 protects the following people:

Current Servicemembers: Any active member of the U.S. Armed Forces.
Former Servicemembers: Discharged service members are protected for five years following their date of discharge.
Immediate Family Members: This includes the spouse, parent, brother, sister, or child of the servicemember, or a person to whom the servicemember stands in loco parentis (in the place of a parent).

What Actions Are Criminalized Under U.S.C. § 1389?

Under U.S.C. § 1389, acts of assault, battery, and damage to servicemen's property are a federal crime.

The law prohibits a range of violent and destructive behaviors. To violate this statute, an individual must knowingly engage in one of the following acts:

Assault or Battery: This includes physically attacking or threatening a protected person. The law distinguishes between simple assault (a threat or minor physical confrontation) and battery or assault resulting in bodily injury.
Property Damage: This involves knowingly destroying or injuring the property of a protected person.
Attempt and Conspiracy: It is important to note that you do not have to complete the act to be charged. Attempting to commit these offenses, or conspiring with others to do so, carries the same legal weight under this statute.

Crucial Element: The "On Account Of" Requirement

The most critical aspect of this law is the motive. It is not enough for a servicemember to be the victim of a crime; the crime must have been committed on account of their military service or their status as a servicemember.

If an altercation occurs between two people for reasons entirely unrelated to the military (such as a dispute over a parking spot where the aggressor is unaware of the victim's service), this federal statute generally would not apply. However, state laws would remain in effect.

For a defendant to be convicted under Title 18 U.S. Code § 1389, federal prosecutors must prove the following:

Status of the Victim: The prosecutor must prove the victim was a current member of the Armed Forces, a former member discharged within the last five years, or an immediate family member of such a person.
Prohibited Act: The prosecutor must prove the defendant knowingly assaulted, battered, or damaged the property of the victim, or attempted or conspired to do so.
Intent/Motive: The prosecutor must prove the defendant acted because of the victim's military service or status. This is often the most complex element to prove, as it requires establishing the defendant's state of mind and motivation.
Harm or Damage: Depending on the specific charge (e.g., simple assault vs. battery resulting in injury), the prosecutor must prove the extent of the bodily injury or the value of the property damage to determine the appropriate sentencing tier.

Are There Any Exceptions to This Law?

Yes: Active-duty military personnel cannot be prosecuted under U.S.C. § 1389.

The law explicitly states that it does not apply to conduct by a person who is subject to the Uniform Code of Military Justice (UCMJ).

The rationale behind this exception is jurisdictional. Active-duty military personnel are governed by their own distinct legal system—the military justice system.

If a servicemember attacks another servicemember, that conduct is typically handled through court-martial proceedings or non-judicial punishment under the UCMJ, rather than in civilian federal court.

This exception prevents "double jeopardy" issues and ensures that military discipline is maintained through the appropriate military channels.

Why This Law Matters

While assault and property damage are crimes in every state, U.S.C. § 1389 elevates these offenses to the federal level when the motive is animus toward the military. The law serves the following purposes:

Deterrence Against Retaliation: The law serves as a powerful deterrent against retaliation or ideologically motivated violence. In an era when political or social tensions can run high, this statute ensures that individuals cannot target military personnel in the performance of their professional duties without incurring severe federal penalties.
Protecting Morale and Readiness: The safety of servicemembers and their families is directly tied to military readiness. If soldiers, sailors, airmen, or marines are worried about the safety of their families back home due to targeted harassment, it affects their ability to focus on their mission. By providing federal protection to families, the law supports the overall morale and operational capability of the Armed Forces.
Federal Remedy for Specific Intent: State laws regarding assault or vandalism may not adequately address the specific hate crime aspect of targeting someone for their service to the country. This federal statute ensures that the punishment fits the specific nature of the offense, acknowledging that an attack on a servicemember is, in a sense, an attack on the federal government itself.

What Are the Penalties for Attacking a Service Member?

Depending on the severity of the attack, you could receive up to 10 years in federal prison and significant fines if convicted of violating U.S.C. § 1389.

The specific penalties for violating this statute are tiered based on the severity of the conduct and the extent of the harm caused.

Simple Assault or Property Damage ($500 or Less)

For less severe incidents involving simple assault (where no bodily injury occurs) or property damage valued at $500 or less, the penalties include:

A fine of not less than $500 and not more than $10,000; and/or
Up to 2 years in federal prison.

Property Damage Over $500

If the defendant destroys or injures property and the damage exceeds $500, the penalties increase significantly:

A fine between $1,000 and $100,000; and/or
Up to 5 years in federal prison.

Battery or Assault Resulting in Bodily Injury

The most severe penalties are reserved for cases involving physical violence that results in injury. This includes battery (offensive physical contact) or assault that causes actual bodily harm. Penalties include:

A mandatory minimum of 6 months, and up to 10 years in federal prison; and
A minimum fine of $2500.

How Can a Defense Attorney Defend Me Against These Charges?

A skilled federal criminal defense attorney will defend you against U.S.C. § 1389 charges by providing evidence that you didn't commit the attack, proving you didn't attack because of the victim's military service, identifying procedural errors, and using other strategies.

Facing federal charges is a daunting experience. The federal court system operates differently from state courts, with its own rules of procedure and sentencing guidelines.

An experienced defense attorney is essential for navigating this complex landscape. A good legal team can defend you in any/all of the following ways:

Challenging the Element of Intent

One of the most effective defense strategies in these cases is to challenge the "on account of" element. The prosecution must prove that your actions were motivated specifically by the victim's military service.

Your attorney can argue that the altercation was the result of a personal dispute, road rage, or another factor unrelated to the victim's military status.

Contesting the Facts

A defense attorney will meticulously examine the evidence surrounding the alleged acts.

This may involve questioning the reliability of eyewitness accounts, challenging the valuation of damaged property (to keep it under the $500 threshold), or disputing the medical evidence regarding the severity of bodily injury.

Identifying Procedural Errors

Federal investigations must adhere to strict constitutional standards. Your lawyer will review how evidence was collected, whether your Miranda rights were violated during questioning, and whether search warrants were properly executed. Any violation of your constitutional rights can lead to the suppression of critical evidence.

Negotiation and Plea Bargaining

In many federal cases, the best outcome is achieved through strategic negotiation.

An experienced attorney can negotiate with federal prosecutors to reduce charges—perhaps to a lower tier of the statute or to a different offense entirely—resulting in significantly reduced sentencing exposure.

Early Intervention

The best time to hire an attorney is the moment you suspect you are under investigation, even before charges are filed.

Early intervention allows your legal team to engage with law enforcement and prosecutors, potentially preventing charges from being filed.

Hypothetical Case Study

To illustrate how a defense might work in practice, consider the following hypothetical scenario.

The Scenario

John, a civilian, gets into a heated argument with his neighbor, Mike, over a fence line dispute. Mike is a recently discharged veteran who often wears a hat with his unit's insignia.

One night, John kicks down a section of the disputed fence. The repair costs are estimated at $800. The federal prosecutor charges John under Title 18 U.S. Code § 1389, alleging that John targeted Mike and his property because of Mike's status as a former servicemember.

The Defense Strategy

John retains a defense attorney who investigates the history of the relationship between the two neighbors.

The attorney discovers text messages and emails dating back two years—before John even knew Mike was a veteran—showing a contentious history regarding the property line.

The Outcome

The defense attorney files a motion arguing that the government cannot prove the "on account of" element. The evidence shows that the animosity was rooted entirely in a real estate dispute, not Mike's military service.

While John may still face state charges for vandalism, the defense successfully argues that the federal charge is inappropriate. The federal prosecutor, realizing the weakness of the intent evidence, dismisses the Title 18 charge.

Get Legal Help Now

Title 18 U.S. Code § 1389 is a serious federal statute designed to protect those who serve our country.

It covers current and former servicemembers and their families, criminalizing assault, battery, and property damage motivated by military service. The penalties are severe, including significant fines and years in federal prison.

However, a charge is not a conviction. These cases often hinge on complex questions of intent and motive. If you are accused of violating this law, you need a defense team that understands how to challenge the government's narrative and protect your rights.

Reach out to our team for a consultation and let us help you navigate your case. Call Eisner Gorin, LLP at (818) 781-1570, or contact us here.

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