Punitive Articles of the UCMJ (Article 120)

Uniform Code of Military Justice -- Article 120:

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Article 120 is one of the most . Though the code is written in outdated language, it is still part of the military justice system. Some of this language can be found, “Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.”

Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a female not his wife who has not attained the age of sixteen years, is guilty of carnal knowledge and shall be punished as a court-martial may direct. The offense categories and maximum punishments are the following:

Rape and Rape of a Child: Dishonorable Discharge, death or confinement for Life, and forfeiture of all pay and allowances.

Aggravated Sexual Assault: Dishonorable Discharge, confinement for 30 yrs, and forfeiture of all pay and allowances.

Aggravated Sexual Assault of a Child: Dishonorable Discharge, confinement for 20 yrs, and forfeiture of all pay and allowances.

Aggravated Sexual Abuse of a Child: Dishonorable Discharge, confinement for 20 yrs, and forfeiture of all pay and allowances.

Aggravated Sexual Contact:Dishonorable Discharge, confinement for 20 yrs, and forfeiture of all pay and allowances.

Aggravated Sexual Contact with a Child: Dishonorable Discharge, confinement for 20 yrs, and forfeiture of all pay and allowances.

Abusive Sexual Contact with a Child:Dishonorable Discharge, confinement for 15 yrs, and forfeiture of all pay and allowances.

Indecent Liberty with a Child: Dishonorable Discharge, confinement for 15 yrs, and forfeiture of all pay and allowances.

Abusive Sexual Contact: Dishonorable Discharge, confinement for 7 yrs, and forfeiture of all pay and allowances.

Indecent Act: Dishonorable Discharge, confinement for 5 yrs, and forfeiture of all pay and allowances.

Forcible Pandering: Dishonorable Discharge, confinement for 5 yrs, and forfeiture of all pay and allowances.

Wrongful Sexual Contact: Dishonorable Discharge, confinement for 1 yr, and forfeiture of all pay and allowances.

Indecent Exposure: Dishonorable Discharge, confinement for 1 yr, and forfeiture of all pay and allowances.

The Article 120 contains 36 offenses. These 36 offenses replace those offenses under the and others that used to be MCM offenses under Article 134 (the "General" Article).

Elements of the Offense

Rape

By using force: That the accused caused another person, who is of any age, to engage in a sexual act by using force against that other person.

By causing grievous bodily harm: That the accused caused another person, who is of any age, to engage in a sexual act by causing grievous bodily harm to any person.

By using threats or placing in fear: That the accused caused another person, who is of any age, to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping.

By rendering another unconscious: That the accused caused another person, who is of any age, to engage in a sexual act by rendering that other person unconscious.

By administration of drug, intoxicant, or other similar substance:

(i) That the accused caused another person, who is of any age, to engage in a sexual act by administering to that other person a drug, intoxicant, or other similar substance;

(ii) That the accused administered the drug, intoxicant or other similar substance by force or threat of force or without the knowledge or permission of that other person; and

(iii) That, as a result, that other person's ability to appraise or control conduct was substantially impaired.

Aggravated sexual assault

By using threats or placing in fear:

(i) That the accused caused another person, who is of any age, to engage in a sexual act; and

(ii) That the accused did so by threatening or placing that other person in fear that any person would be subjected to bodily harm or other harm (other than by threatening or placing that other person in fear that any person would be subjected to death, grievous bodily harm, or kidnapping).

By causing bodily harm:

(i) That the accused caused another person, who is of any age, to engage in a sexual act; and

(ii) That the accused did so by causing bodily harm to another person.

Upon a person substantially incapacitated or substantially incapable of appraising the act, declining participation, or communicating unwillingness:

(i) That the accused engaged in a sexual act with another person, who is of any age; and (Note: add one of the following elements)

(ii) That the other person was substantially incapacitated;

(iii) That the other person was substantially incapable of appraising the nature of the sexual act;

(iv) That the other person was substantially incapable of declining participation in the sexual act; or

(v) That the other person was substantially incapable of communicating unwillingness to engage in the sexual act.

Rape of a child not yet 12

(i) That the accused engaged in a sexual act with a child; and

(ii) That at the time of the sexual act the child had not attained the age of twelve years.

Rape of a child who has attained the age of 12 years but has not attained the age of 16 years

By using force:

(i) That the accused engaged in a sexual act with a child;

(ii) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and

(iii) That the accused did so by using force against that child.

By causing grievous bodily harm:

(i) That the accused engaged in a sexual act with a child;

(ii) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and

(iii) That the accused did so by causing grievous bodily harm to any person.

By using threats or placing in fear:

(i) That the accused engaged in a sexual act with a child;

(ii) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and

(iii) That the accused did so by threatening or placing that child in fear that any person will be subjected to death, grievous bodily harm, or kidnapping.

By rendering that child unconscious:

(i) That the accused engaged in a sexual act with a child;

(ii) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and

(iii) That the accused did so by rendering that child unconscious.

By administration of drug, intoxicant, or other similar substance:

(i) That the accused engaged in a sexual act with a child

(ii) That at the time of the sexual act the child had attained the age of 12 years but attained the intoxicant, or had not attained the age of 16 years;

(iii) (a) That the accused did so by administering to that child a drug, intoxicant, or other similar substance;

(b) That the accused administered the drug, intoxicant, or other similar substance by force or threat of force or without the knowledge or permission of that child; and

(c) That, as a result, that child's ability to appraise or control conduct was substantially impaired.

Aggravated sexual assault of a child who has attained the age of 12 years but has not attained the age of 16 years:

(a) That the accused engaged in a sexual act with a child; and

(b) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years.

Aggravated sexual contact

By using force:

(i) That the accused engaged in sexual contact with another person; or

(ii) That the accused caused sexual contact with or by another person; and

(iii) That the accused did so by using force against that other person.

By causing grievous bodily harm:

(i) That the accused engaged in sexual contact with another person; or

(ii) That the accused caused sexual contact with or by another person; and

(iii) That the accused did so by causing grievous bodily harm to any person.

By using threats or placing in fear:

(i) That the accused engaged in sexual contact with another person; or

(ii) That the accused caused sexual contact with or by another person; and

(iii) That the accused did so by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping.

By rendering another unconscious:

(i) That the accused engaged in sexual contact with another person; or

(ii) That the accused caused sexual contact with or by another person; and

(iii) That the accused did so by rendering that other person unconscious.

By administration of drug, intoxicant, or other similar substance:

(i) That the accused engaged in sexual contact with another person; or

(ii) That the accused caused sexual contact with or by another person; and

(iii) (a) That the accused did so by administering to that other person a drug, intoxicant, or other similar substance;

(b) That the accused administered the drug, intoxicant, or other similar substance by force or threat of force or without the knowledge or permission of that other person; and

(c) That, as a result, that other person's ability to appraise or control conduct was substantially impaired.

Abusive sexual contact

By using threats or placing in fear:

(i) That the accused engaged in sexual contact with another person; or

(ii) That the accused caused sexual contact with or by another person; and

(iii) That the accused did so by threatening or placing that other person in fear that any person would be subjected to bodily harm or other harm (other than by threatening or placing that other person in fear that any person would be subjected to death, grievous bodily harm, or kidnapping).

By causing bodily harm:

(i) That the accused engaged in sexual contact with another person; or

(ii) That the accused caused sexual contact with or by another person; and

(iii) That the accused did so by causing bodily harm to another person.

By rendering another unconscious:

(i) That the accused engaged in sexual contact with another person; or

(ii) That the accused caused sexual contact with or by another person; and (Note: add one of the following elements)

(iii) That the other person was substantially incapacitated;

(iv) That the other person was substantially incapable of appraising the nature of the sexual contact;

(v) That the other person was substantially incapable of declining participation in the sexual contact; or

(vi) That the other person was substantially incapable of communicating unwillingness to engage in the sexual contact.

Wrongful sexual contact

(a) That the accused had sexual contact with another person;

(b) That the accused did so without that other person's permission; and

(c) That the accused had no legal justification or lawful authorization for that sexual contact.

Upon a person substantially incapacitated or substantially incapable of appraising the act, declining participation, or communicating unwillingness:

Aggravated sexual contact with a child who has not attained the age of 12 years

(i) That the accused engaged in sexual contact with a child; or

(ii) That the accused caused sexual contact with or by a child or by another person with a child; and

(iii) That at the time of the sexual contact the child had not attained the age of twelve years.

Aggravated sexual contact with a child who has attained the age of 12 years but has not attained the age of 16 years

By using force:

(i) That the accused engaged in sexual contact with a child; or

(ii) That the accused caused sexual contact with or by a child or by another person with a child; and

(iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and (iv) That the accused did so by using force against that child.

By causing grievous bodily harm:

(i) That the accused engaged in sexual contact with a child; or

(ii) That the accused caused sexual contact with or by a child or by another person with a child; and

(iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and

(iv) That the accused did so by causing grievous bodily harm to any person.

By using threats or placing in fear:

(i) That the accused engaged in sexual contact with a child; or

(ii) That the accused caused sexual contact with or by a child or by another person with a child; and

(iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and

(iv) That the accused did so by threatening or placing that child or that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping.

By rendering another or that child unconscious:

(i) That the accused engaged in sexual contact with a child; or

(ii) That the accused caused sexual contact with or by a child or by another person with a child; and

(iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and

(iv) That the accused did so by rendering that child or that other person unconscious.

By administration of drug, intoxicant, or other similar substance:

(i) That the accused engaged in sexual contact with a child; or

(ii) That the accused caused sexual contact with or by a child or by another person with a child; and

(iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and

(iv) (a) That the accused did so by administering to that child or that other person a drug, intoxicant, or other similar substance;

(b) That the accused administered the drug, intoxicant, or other similar substance by force or threat of force or without the knowledge or permission of that child or that other person; and

(c) That, as a result, that child's or that other person's ability to appraise or control conduct was substantially impaired.

Abusive sexual contact with a child

(a) That the accused engaged in sexual contact with a child; or

(b) That the accused caused sexual contact with or by a child or by another person with a child; and

(c) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years.

Indecent liberties with a child

(a) That the accused committed a certain act or communication;

(b) That the act or communication was indecent;

(c) That the accused committed the act or communication in the physical presence of a certain child;

(d) That the child was under 16 years of age; and

(e) That the accused committed the act or communication with the intent to:

(i) arouse, appeal to, or gratify the sexual desires of any person; or

(ii) abuse, humiliate or degrade any person.

Indecent act

(a) That the accused engaged in certain conduct; and

(b) That the conduct was indecent conduct.

Indecent exposure

(a) That the accused exposed his or her genitalia, anus, buttocks, or female areola or nipple;

(b) That the accused's exposure was in an indecent manner;

(c) That the exposure occurred in a place where the conduct involved could reasonably be expected to be viewed by people other than the accused's family or household; and

(d) That the exposure was intentional.

Aggravated sexual abuse of a child

(a) That the accused engaged in a lewd act; and

(b) That the act was committed with a child who has not attained the age of 16 years.

Forcible pandering

(a) That the accused compelled a certain person to engage in an act of prostitution; and

(b) That the accused directed another person to said person, who then engaged in an act of prostitution.

Note: If the act of prostitution was not compelled, but "the accused induced, enticed, or procured a certain person to engage in an act of sexual intercourse for hire and reward with a person to be directed to said person by the accused," see .

Above information derived from the Manual for Courts-Martial