§ 920. Art. 120. Rape and sexual assault generally

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 73 · 70A Stat. 73

   Enacted · 10 U.S.C. § 920

   Aug. 10, 1956, ch. 1041, 70A Stat. 73

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 73

2. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title X § 1066(c) · 106 Stat. 2315

   Struck · 10 U.S.C. § 920(a)

   Pub. L. 102–484 struck out “with a female not his wife” after “intercourse” and “her” after “without”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–484 struck out “with a female not his wife” after “intercourse” and “her” after “without”.

   Enacted provision · exact public law section
   (c) Removal of Limitations Relating to Gender and Marital Relationship.— Section 920(a) (article 120(a)) of such title is amended— (A) by striking out “with a female not his wife”; and (B) by striking out “her”.

3. 1996

   Military Justice Amendments of 1995

   Pub. L. 104–106 § 1113(a) · 110 Stat. 186

   Amended · 10 U.S.C. § 920(b)

   Pub. L. 104–106, § 1113(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–106, § 1113(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”

   Enacted provision · exact public law section
   (a) Gender Neutrality.— Subsection (b) of section 920 (article 120) is amended to read as follows: “(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a person— “(1) who is not that person’s spouse; and “(2) who has not attained the age of sixteen years; is guilty of carnal knowledge and shall be punished as a court-martial may direct.”.

4. 1996

   Military Justice Amendments of 1995

   Pub. L. 104–106 § 1113(b) · 110 Stat. 186

   Added · 10 U.S.C. § 920(d)

   Pub. L. 104–106, § 1113(b), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–106, § 1113(b), added subsec. (d).

   Enacted provision · exact public law section
   (b) Mistake of Fact.— Such section (article) is further amended by adding at the end the following new subsection: “(d) (1) In a prosecution under subsection (b), it is an affirmative defense that— “(A) the person with whom the accused committed the act of sexual intercourse had at the time of the alleged offense attained the age of twelve years; and “(B) the accused reasonably believed that that person had at the time of the alleged offense attained the age of sixteen years. “(2) The accused has the burden of proving a defense under paragraph (1) by a preponderance of the evidence.”.

5. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title V § 552(a)(1) · 119 Stat. 3136

   1. Amended · 10 U.S.C. § 920

      Pub. L. 109–163 amended section generally

   2. Substituted · 10 U.S.C. § 920

      Pub. L. 109–163 substituting subsecs. (a) to (t) relating to rape, sexual assault, and other sexual misconduct for subsecs. (a) to (d) relating to rape and carnal knowledge

   Source evidence

   Code amendment note
   Pub. L. 109–163 amended section generally, substituting subsecs. (a) to (t) relating to rape, sexual assault, and other sexual misconduct for subsecs. (a) to (d) relating to rape and carnal knowledge.

   Enacted provision · exact public law section
   (1) In general.— Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: “§ 920. Art. 120. Rape, sexual assault, and other sexual misconduct “(a) Rape.— Any person subject to this chapter who causes another person of any age to engage in a sexual act by— “(1) using force against that other person; “(2) causing grievous bodily harm to any person; “(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnaping; “(4) rendering another person unconscious; or “(5) administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby substantially impairs the ability of that other person to appraise or control conduct; is guilty of rape and shall be punished as a court-martial may direct. “(b) Rape of a Child.— Any person subject to this chapter who— “(1) engages in a sexual act with a child who has not attained the age of 12 years; or “(2) engages in a sexual act under the circumstances described in subsection (a) with a child who has attained the age of 12 years; is guilty of rape of a child and shall be punished as a court-martial may direct. “(c) Aggravated Sexual Assault.— Any person subject to this chapter who— “(1) causes another person of any age to engage in a sexual act by— “(A) threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or “(B) causing bodily harm; or “(2) engages in a sexual act with another person of any age if that other person is substantially incapacitated or substantially incapable of— “(A) appraising the nature of the sexual act; “(B) declining participation in the sexual act; or “(C) communicating unwillingness to engage in the sexual act; is guilty of aggravated sexual assault and shall be punished as a court-martial may direct. “(d) Aggravated Sexual Assault of a Child.— Any person subject to this chapter who engages in a sexual act with a child who has attained the age of 12 years is guilty of aggravated sexual assault of a child and shall be punished as a court-martial may direct. “(e) Aggravated Sexual Contact.— Any person subject to this chapter who engages in or causes sexual contact with or by another person, if to do so would violate subsection (a) (rape) had the sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be punished as a court-martial may direct. “(f) Aggravated Sexual Abuse of a Child.— Any person subject to this chapter who engages in a lewd act with a child is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. “(g) Aggravated Sexual Contact With a Child.— Any person subject to this chapter who engages in or causes sexual contact with or by another person, if to do so would violate subsection (b) (rape of a child) had the sexual contact been a sexual act, is guilty of aggravated sexual contact with a child and shall be punished as a court-martial may direct. “(h) Abusive Sexual Contact.— Any person subject to this chapter who engages in or causes sexual contact with or by another person, if to do so would violate subsection (c) (aggravated sexual assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may direct. “(i) Abusive Sexual Contact With a Child.— Any person subject to this chapter who engages in or causes sexual contact with or by another person, if to do so would violate subsection (d) (aggravated sexual assault of a child) had the sexual contact been a sexual act, is guilty of abusive sexual contact with a child and shall be punished as a court-martial may direct. “(j) Indecent Liberty With a Child.— Any person subject to this chapter who engages in indecent liberty in the physical presence of a child— “(1) with the intent to arouse, appeal to, or gratify the sexual desire of any person; or “(2) with the intent to abuse, humiliate, or degrade any person; is guilty of indecent liberty with a child and shall be punished as a court-martial may direct. “(k) Indecent Act.— Any person subject to this chapter who engages in indecent conduct is guilty of an indecent act and shall be punished as a court-martial may direct. “(l) Forcible Pandering.— Any person subject to this chapter who compels another person to engage in an act of prostitution with another person to be directed to said person is guilty of forcible pandering and shall be punished as a court-martial may direct. “(m) Wrongful Sexual Contact.— Any person subject to this chapter who, without legal justification or lawful authorization, engages in sexual contact with another person without that other person’s permission is guilty of wrongful sexual contact and shall be punished as a court-martial may direct. “(n) Indecent Exposure.— Any person subject to this chapter who intentionally exposes, in an indecent manner, in any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor’s family or household, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct. “(o) Age of Child.— “(1) Twelve years.— In a prosecution under subsection (b) (rape of a child), subsection (g) (aggravated sexual contact with a child), or subsection (j) (indecent liberty with a child), it need not be proven that the accused knew that the other person engaging in the sexual act, contact, or liberty had not attained the age of 12 years. It is not an affirmative defense that the accused reasonably believed that the child had attained the age of 12 years. “(2) Sixteen years.— In a prosecution under subsection (d) (aggravated sexual assault of a child), subsection (f) (aggravated sexual abuse of a child), subsection (i) (abusive sexual contact with a child), or subsection (j) (indecent liberty with a child), it need not be proven that the accused knew that the other person engaging in the sexual act, contact, or liberty had not attained the age of 16 years. Unlike in paragraph (1), however, it is an affirmative defense that the accused reasonably believed that the child had attained the age of 16 years. “(p) Proof of Threat.— In a prosecution under this section, in proving that the accused made a threat, it need not be proven that the accused actually intended to carry out the threat. “(q) Marriage.— “(1) In general.— In a prosecution under paragraph (2) of subsection (c) (aggravated sexual assault), or under subsection (d) (aggravated sexual assault of a child), subsection (f) (aggravated sexual abuse of a child), subsection (i) (abusive sexual contact with a child), subsection (j) (indecent liberty with a child), subsection (m) (wrongful sexual contact), or subsection (n) (indecent exposure), it is an affirmative defense that the accused and the other person when they engaged in the sexual act, sexual contact, or sexual conduct are married to each other. “(2) Definition.— For purposes of this subsection, a marriage is a relationship, recognized by the laws of a competent State or foreign jurisdiction, between the accused and the other person as spouses. A marriage exists until it is dissolved in accordance with the laws of a competent State or foreign jurisdiction. “(3) Exception.— Paragraph (1) shall not apply if the accused’s intent at the time of the sexual conduct is to abuse, humiliate, or degrade any person. “(r) Consent and Mistake of Fact as to Consent.— Lack of permission is an element of the offense in subsection (m) (wrongful sexual contact). Consent and mistake of fact as to consent are not an issue, or an affirmative defense, in a prosecution under any other subsection, except they are an affirmative defense for the sexual conduct in issue in a prosecution under subsection (a) (rape), subsection (c) (aggravated sexual assault), subsection (e) (aggravated sexual contact), and subsection (h) (abusive sexual contact). “(s) Other Affirmative Defenses not Precluded.— The enumeration in this section of some affirmative defenses shall not be construed as excluding the existence of others. “(t) Definitions.— In this section: “(1) Sexual act.— The term ‘sexual act’ means— “(A) contact between the penis and the vulva, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; or “(B) the penetration, however slight, of the genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. “(2) Sexual contact.— The term ‘sexual contact’ means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, or intentionally causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person or to arouse or gratify the sexual desire of any person. “(3) Grievous bodily harm.— The term ‘grievous bodily harm’ means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose. It is the same level of injury as in section 928 (article 128) of this chapter, and a lesser degree of injury than in section 2246(4) of title 18. “(4) Dangerous weapon or object.— The term ‘dangerous weapon or object’ means— “(A) any firearm, loaded or not, and whether operable or not; “(B) any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used, or is intended to be used, is known to be capable of producing death or grievous bodily harm; or “(C) any object fashioned or utilized in such a manner as to lead the victim under the circumstances to reasonably believe it to be capable of producing death or grievous bodily harm. “(5) Force.— The term ‘force’ means action to compel submission of another or to overcome or prevent another’s resistance by— “(A) the use or display of a dangerous weapon or object; “(B) the suggestion of possession of a dangerous weapon or object that is used in a manner to cause another to believe it is a dangerous weapon or object; or “(C) physical violence, strength, power, or restraint applied to another person, sufficient that the other person could not avoid or escape the sexual conduct. “(6) Threatening or placing that other person in fear.— The term ‘threatening or placing that other person in fear’ under paragraph (3) of subsection (a) (rape), or under subsection (e) (aggravated sexual contact), means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to death, grievous bodily harm, or kidnapping. “(7) Threatening or placing that other person in fear.— “(A) In general.— The term ‘threatening or placing that other person in fear’ under paragraph (1)(A) of subsection (c) (aggravated sexual assault), or under subsection (h) (abusive sexual contact), means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another being subjected to a lesser degree of harm than death, grievous bodily harm, or kidnapping. “(B) Inclusions.— Such lesser degree of harm includes— “(i) physical injury to another person or to another person’s property; or “(ii) a threat— “(I) to accuse any person of a crime; “(II) to expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or “(III) through the use or abuse of military position, rank, or authority, to affect or threaten to affect, either positively or negatively, the military career of some person. “(8) Bodily harm.— The term ‘bodily harm’ means any offensive touching of another, however slight. “(9) Child.— The term ‘child’ means any person who has not attained the age of 16 years. “(10) Lewd act.— The term ‘lewd act’ means— “(A) the intentional touching, not through the clothing, of the genitalia of another person, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or “(B) intentionally causing another person to touch, not through the clothing, the genitalia of any person with an intent to abuse, humiliate or degrade any person, or to arouse or gratify the sexual desire of any person. “(11) Indecent liberty.— The term ‘indecent liberty’ means indecent conduct, but physical contact is not required. It includes one who with the requisite intent exposes one’s genitalia, anus, buttocks, or female areola or nipple to a child. An indecent liberty may consist of communication of indecent language as long as the communication is made in the physical presence of the child. If words designed to excite sexual desire are spoken to a child, or a child is exposed to or involved in sexual conduct, it is an indecent liberty; the child’s consent is not relevant. “(12) Indecent conduct.— The term ‘indecent conduct’ means that form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations. Indecent conduct includes observing, or making a videotape, photograph, motion picture, print, negative, slide, or other mechanically, electronically, or chemically reproduced visual material, without another person’s consent, and contrary to that other person’s reasonable expectation of privacy, of— “(A) that other person’s genitalia, anus, or buttocks, or (if that other person is female) that person’s areola or nipple; or “(B) that other person while that other person is engaged in a sexual act, sodomy (under section 925 (article 125)), or sexual contact. “(13) Act of prostitution.— The term ‘act of prostitution’ means a sexual act, sexual contact, or lewd act for the purpose of receiving money or other compensation. “(14) Consent.— The term ‘consent’ means words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the accused’s use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent. A person cannot consent to sexual activity if— “(A) under 16 years of age; or “(B) substantially incapable of— “(i) appraising the nature of the sexual conduct at issue due to— “(I) mental impairment or unconsciousness resulting from consumption of alcohol, drugs, a similar substance, or otherwise; or “(II) mental disease or defect which renders the person unable to understand the nature of the sexual conduct at issue; “(ii) physically declining participation in the sexual conduct at issue; or “(iii) physically communicating unwillingness to engage in the sexual conduct at issue. “(15) Mistake of fact as to consent.— The term ‘mistake of fact as to consent’ means the accused held, as a result of ignorance or mistake, an incorrect belief that the other person engaging in the sexual conduct consented. The ignorance or mistake must have existed in the mind of the accused and must have been reasonable under all the circumstances. To be reasonable the ignorance or mistake must have been based on information, or lack of it, which would indicate to a reasonable person that the other person consented. Additionally, the ignorance or mistake cannot be based on the negligent failure to discover the true facts. Negligence is the absence of due care. Due care is what a reasonably careful person would do under the same or similar circumstances. The accused’s state of intoxication, if any, at the time of the offense is not relevant to mistake of fact. A mistaken belief that the other person consented must be that which a reasonably careful, ordinary, prudent, sober adult would have had under the circumstances at the time of the offense. “(16) Affirmative defense.— The term ‘affirmative defense’ means any special defense which, although not denying that the accused committed the objective acts constituting the offense charged, denies, wholly, or partially, criminal responsibility for those acts. The accused has the burden of proving the affirmative defense by a preponderance of evidence. After the defense meets this burden, the prosecution shall have the burden of proving beyond a reasonable doubt that the affirmative defense did not exist.” .

6. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 541(a)(11) · 125 Stat. 1298

   Substituted · 10 U.S.C. § 920

   Pub. L. 112–81, § 541(a)(11), substituted “Art. 120. Rape and sexual assault generally” for “Art. 120. Rape, sexual assault, and other sexual misconduct” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 112–81, § 541(a)(11), substituted “Art. 120. Rape and sexual assault generally” for “Art. 120. Rape, sexual assault, and other sexual misconduct” in section catchline.

   Enacted provision · exact public law section
   (11) Section heading.— The heading of such section (article) is amended to read as follows: “§ 920. Art. 120. Rape and sexual assault generally” .

7. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 541(a)(1) · 125 Stat. 1298

   Amended · 10 U.S.C. § 920(a)

   Pub. L. 112–81, § 541(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to rape

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–81, § 541(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to rape.

   Enacted provision · exact public law section
   (1) Revised offense of rape.— Subsection (a) is amended to read as follows: “(a) Rape.— Any person subject to this chapter who commits a sexual act upon another person by— “(1) using unlawful force against that other person; “(2) using force causing or likely to cause death or grievous bodily harm to any person; “(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; “(4) first rendering that other person unconscious; or “(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct; is guilty of rape and shall be punished as a court-martial may direct.” .

8. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 541(a)(3) · 125 Stat. 1298

   1. Redesignated · 10 U.S.C. § 920(b)

      Pub. L. 112–81, § 541(a)(3), redesignated subsec. (c) as (b)

   2. Amended · 10 U.S.C. § 920(b)

      Pub. L. 112–81, § 541(a)(3), amended it generally. Pub. L. 112–81, § 541(a)(2)

   3. Struck · 10 U.S.C. § 920(b)

      Pub. L. 112–81, § 541(a)(3), struck out subsec. (b) which related to rape of a child

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 112–81, § 541(a)(3), redesignated subsec. (c) as (b) and amended it generally. Pub. L. 112–81, § 541(a)(2), struck out subsec. (b) which related to rape of a child.

   Enacted provision · exact public law section
   (3) Revised offense of sexual assault.— Subsection (c) is redesignated as subsection (b) and is amended to read as follows: “(b) Sexual Assault.— Any person subject to this chapter who— “(1) commits a sexual act upon another person by— “(A) threatening or placing that other person in fear; “(B) causing bodily harm to that other person; “(C) making a fraudulent representation that the sexual act serves a professional purpose; or “(D) inducing a belief by any artifice, pretense, or concealment that the person is another person; “(2) commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or “(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to— “(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or “(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person; is guilty of sexual assault and shall be punished as a court-martial may direct.” .

9. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 541(a)(4) · 125 Stat. 1298

   1. Redesignated · 10 U.S.C. § 920(c)

      Pub. L. 112–81, § 541(a)(4), redesignated subsec. (e) as (c)

   2. Redesignated · 10 U.S.C. § 920(c)

      Pub. L. 112–81, § 541(a)(4), substituted “commits” for “engages in” and “upon” for “with”. Former subsec. (c) redesignated (b)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 112–81, § 541(a)(4), redesignated subsec. (e) as (c) and substituted “commits” for “engages in” and “upon” for “with”. Former subsec. (c) redesignated (b).

   Enacted provision · exact public law section
   (4) Aggravated sexual contact.— Subsection (e) is redesignated as subsection (c) and is amended— (A) by striking “engages in” and inserting “commits”; and (B) by striking “with” and inserting “upon”.

10. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(5) · 125 Stat. 1298

    1. Redesignated · 10 U.S.C. § 920(d)

       Pub. L. 112–81, § 541(a)(5), redesignated subsec. (h) as (d)

    2. Substituted · 10 U.S.C. § 920(d)

       Pub. L. 112–81, § 541(a)(5), substituted “commits” for “engages in”

    3. Substituted · 10 U.S.C. § 920(d)

       Pub. L. 112–81, § 541(a)(5), substituted “upon” for “with”

    4. Substituted · 10 U.S.C. § 920(d)

       Pub. L. 112–81, § 541(a)(5), substituted “subsection (b) (sexual assault)” for “subsection (c) (aggravated sexual assault)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 112–81, § 541(a)(5), redesignated subsec. (h) as (d) and substituted “commits” for “engages in”, “upon” for “with”, and “subsection (b) (sexual assault)” for “subsection (c) (aggravated sexual assault)”.

    Enacted provision · exact public law section
    (5) Abusive sexual contact.— Subsection (h) is redesignated as subsection (d) and is amended— (A) by striking “engages in” and inserting “commits”; (B) by striking “with” and inserting “upon”; and (C) by striking “subsection (c) (aggravated sexual assault)” and inserting “subsection (b) (sexual assault)”.

11. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(2) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(d)

    Pub. L. 112–81, § 541(a)(2), struck out subsec. (d) which related to aggravated sexual assault of a child

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 541(a)(2), struck out subsec. (d) which related to aggravated sexual assault of a child.

    Enacted provision · exact public law section
    (2) Repeal of provisions relating to offenses replaced by new article 120b.— Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.

12. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(7) · 125 Stat. 1298

    1. Redesignated · 10 U.S.C. § 920(e)

       Pub. L. 112–81, § 541(a)(7), redesignated subsec. (p) as (e)

    2. Substituted · 10 U.S.C. § 920(e)

       Pub. L. 112–81, § 541(a)(7), substituted “a person made” for “the accused made”

    3. Substituted · 10 U.S.C. § 920(e)

       Pub. L. 112–81, § 541(a)(7), substituted “the person actually” for “the accused actually”

    4. Redesignated · 10 U.S.C. § 920(e)

       Pub. L. 112–81, § 541(a)(7), inserted “or had the ability to carry out the threat” before period at end. Former subsec. (e) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 112–81, § 541(a)(7), redesignated subsec. (p) as (e) and substituted “a person made” for “the accused made” and “the person actually” for “the accused actually” and inserted “or had the ability to carry out the threat” before period at end. Former subsec. (e) redesignated (c).

    Enacted provision · exact public law section
    (7) Proof of threat.— Subsection (p) is redesignated as subsection (e) and is amended— (A) by striking “the accused made” and inserting “a person made”; (B) by striking “the accused actually” and inserting “the person actually”; and (C) by inserting before the period at the end the following: “or had the ability to carry out the threat”.

13. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(8) · 125 Stat. 1298

    1. Redesignated · 10 U.S.C. § 920(f)

       Pub. L. 112–81, § 541(a)(8), redesignated subsec. (q) as (f)

    2. Amended · 10 U.S.C. § 920(f)

       Pub. L. 112–81, § 541(a)(8), amended it generally

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 112–81, § 541(a)(8), redesignated subsec. (q) as (f) and amended it generally.

    Enacted provision · exact public law section
    (8) Defenses.— Subsection (q) is redesignated as subsection (f) and is amended to read as follows: “(f) Defenses.— An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.” .

14. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(2) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(f)

    Pub. L. 112–81, § 541(a)(2), struck out subsec. (f) which related to aggravated sexual abuse of a child

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 541(a)(2), struck out subsec. (f) which related to aggravated sexual abuse of a child.

    Enacted provision · exact public law section
    (2) Repeal of provisions relating to offenses replaced by new article 120b.— Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.

15. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(2) · 125 Stat. 1298

    1. Redesignated · 10 U.S.C. § 920(g)

       Pub. L. 112–81, § 541(a)(2), (10), redesignated subsec. (t) as (g)

    2. Struck · 10 U.S.C. § 920(g)

       Pub. L. 112–81, § 541(a)(2), (10), struck out former subsec. (g) which related to aggravated sexual contact with a child

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 112–81, § 541(a)(2), (10), redesignated subsec. (t) as (g) and struck out former subsec. (g) which related to aggravated sexual contact with a child.

    Enacted provision · exact public law section
    (2) Repeal of provisions relating to offenses replaced by new article 120b.— Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.

16. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(A)(i) · 125 Stat. 1298

    Inserted · 10 U.S.C. § 920(g)(1)(A)

    Pub. L. 112–81, § 541(a)(10)(A)(i), inserted “or anus or mouth” after “vulva”

    Source evidence

    Code amendment note
    Subsec. (g)(1)(A). Pub. L. 112–81, § 541(a)(10)(A)(i), inserted “or anus or mouth” after “vulva”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by inserting “or anus or mouth” after “vulva”; and

17. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(A)(ii) · 125 Stat. 1298

    1. Substituted · 10 U.S.C. § 920(g)(1)(B)

       Pub. L. 112–81, § 541(a)(10)(A)(ii), substituted “vulva or anus or mouth,” for “genital opening”

    2. Substituted · 10 U.S.C. § 920(g)(1)(B)

       Pub. L. 112–81, § 541(a)(10)(A)(ii), substituted “any part of the body” for “a hand or finger”

    Source evidence

    Code amendment note
    Subsec. (g)(1)(B). Pub. L. 112–81, § 541(a)(10)(A)(ii), substituted “vulva or anus or mouth,” for “genital opening” and “any part of the body” for “a hand or finger”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B)— (I) by striking “genital opening” and inserting “vulva or anus or mouth,”; and (II) by striking “a hand or finger” and inserting “any part of the body”;

18. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(B) · 125 Stat. 1298

    Amended · 10 U.S.C. § 920(g)(2)

    Pub. L. 112–81, § 541(a)(10)(B), amended par. (2) generally. Prior to amendment, par. (2) defined “sexual contact”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 112–81, § 541(a)(10)(B), amended par. (2) generally. Prior to amendment, par. (2) defined “sexual contact”.

    Enacted provision · exact public law section
    (B) by striking paragraph (2) and inserting the following: “(2) Sexual contact.— The term ‘sexual contact’ means— “(A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or “(B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body.” .

19. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(D) · 125 Stat. 1298

    1. Redesignated · 10 U.S.C. § 920(g)(3)

       Pub. L. 112–81, § 541(a)(10)(D), redesignated par. (8) as (3)

    2. Redesignated · 10 U.S.C. § 920(g)(3)

       Pub. L. 112–81, § 541(a)(10)(D), inserted “, including any nonconsensual sexual act or nonconsensual sexual contact” before period at end. Former par. (3) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 112–81, § 541(a)(10)(D), redesignated par. (8) as (3) and inserted “, including any nonconsensual sexual act or nonconsensual sexual contact” before period at end. Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (D) by redesignating paragraph (8) as paragraph (3), transferring that paragraph so as to appear after paragraph (2), and amending that paragraph by inserting before the period at the end the following: “, including any nonconsensual sexual act or nonconsensual sexual contact”;

20. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(E) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(g)(4)

    Pub. L. 112–81, § 541(a)(10)(E), struck out at end “It does not include minor injuries such as a black eye or a bloody nose. It is the same level of injury as in section 928 (article 128) of this chapter, and a lesser degree of injury than in section 2246(4) of title 18.”

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 112–81, § 541(a)(10)(E), struck out at end “It does not include minor injuries such as a black eye or a bloody nose. It is the same level of injury as in section 928 (article 128) of this chapter, and a lesser degree of injury than in section 2246(4) of title 18.”

    Enacted provision · exact public law section
    (E) in paragraph (4), as redesignated by subparagraph (C), by striking the last sentence;

21. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(C) · 125 Stat. 1298

    1. Redesignated · 10 U.S.C. § 920(g)(4)

       Pub. L. 112–81, § 541(a)(10)(C), redesignated par. (3) as (4)

    2. Struck · 10 U.S.C. § 920(g)(4)

       Pub. L. 112–81, § 541(a)(10)(C), struck out former par. (4) which defined “dangerous weapon or object”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 541(a)(10)(C), redesignated par. (3) as (4) and struck out former par. (4) which defined “dangerous weapon or object”.

    Enacted provision · exact public law section
    (C) by striking paragraph (4) and redesignating paragraph (3) as paragraph (4);

22. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(F) · 125 Stat. 1298

    1. Added · 10 U.S.C. § 920(g)(5)

       Pub. L. 112–81, § 541(a)(10)(F), (H), added par. (5)

    2. Struck · 10 U.S.C. § 920(g)(5)

       Pub. L. 112–81, § 541(a)(10)(F), (H), struck out former par. (5) which defined “force”

    Source evidence

    Code amendment note
    Subsec. (g)(5). Pub. L. 112–81, § 541(a)(10)(F), (H), added par. (5) and struck out former par. (5) which defined “force”.

    Enacted provision · exact public law section
    (F) by striking paragraphs (5) and (7);

23. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(H) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 920(g)(6)

    Pub. L. 112–81, § 541(a)(10)(H), added par. (6). Former par. (6) redesignated (7)

    Source evidence

    Code amendment note
    Subsec. (g)(6). Pub. L. 112–81, § 541(a)(10)(H), added par. (6). Former par. (6) redesignated (7).

    Enacted provision · exact public law section
    (H) by inserting after paragraph (4), as redesignated by subparagraph (C), the following new paragraphs (5) and (6): “(5) Force.— The term ‘force’ means— “(A) the use of a weapon; “(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or “(C) inflicting physical harm sufficient to coerce or compel submission by the victim. “(6) Unlawful force.— The term ‘unlawful force’ means an act of force done without legal justification or excuse.” ;

24. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(G) · 125 Stat. 1298

    1. Redesignated · 10 U.S.C. § 920(g)(7)

       Pub. L. 112–81, § 541(a)(10)(G), (I), redesignated par. (6) as (7)

    2. Struck · 10 U.S.C. § 920(g)(7)

       Pub. L. 112–81, § 541(a)(10)(G), (I), struck out “under paragraph (3) of subsection (a) (rape), or under subsection (e) (aggravated sexual contact),” after “person in fear’ ”

    3. Substituted · 10 U.S.C. § 920(g)(7)

       Pub. L. 112–81, § 541(a)(10)(G), (I), substituted “the wrongful action contemplated by the communication or action.” for “death, grievous bodily harm, or kidnapping”

    Source evidence

    Code amendment note
    Subsec. (g)(7). Pub. L. 112–81, § 541(a)(10)(G), (I), redesignated par. (6) as (7), struck out “under paragraph (3) of subsection (a) (rape), or under subsection (e) (aggravated sexual contact),” after “person in fear’ ”, and substituted “the wrongful action contemplated by the communication or action.” for “death, grievous bodily harm, or kidnapping”.

    Enacted provision · exact public law section
    (G) by redesignating paragraph (6) as paragraph (7);

25. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(F) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(g)(7)

    Pub. L. 112–81, § 541(a)(10)(F), struck out par. (7) which defined “threatening or placing that other person in fear”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 541(a)(10)(F), struck out par. (7) which defined “threatening or placing that other person in fear”.

    Enacted provision · exact public law section
    (F) by striking paragraphs (5) and (7);

26. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(K) · 125 Stat. 1298

    1. Redesignated · 10 U.S.C. § 920(g)(8)

       Pub. L. 112–81, § 541(a)(10)(K), redesignated par. (14) as (8)

    2. Amended · 10 U.S.C. § 920(g)(8)

       Pub. L. 112–81, § 541(a)(10)(K), designated introductory provisions as subpar. (A), in first sentence

    3. Struck · 10 U.S.C. § 920(g)(8)

       Pub. L. 112–81, § 541(a)(10)(K), struck out “words or overt acts indicating” before “a freely given” and “sexual” before “conduct”, in third sentence

    4. Struck · 10 U.S.C. § 920(g)(8)

       Pub. L. 112–81, § 541(a)(10)(K), struck out “accused’s” before “use of force”, in fourth sentence

    5. Inserted · 10 U.S.C. § 920(g)(8)

       Pub. L. 112–81, § 541(a)(10)(K), inserted “or social or sexual” before “relationship”

    6. Struck · 10 U.S.C. § 920(g)(8)

       Pub. L. 112–81, § 541(a)(10)(K), struck out “sexual” before “conduct” and last sentence, including subpars. (A) and (B), which related to a person who cannot consent to sexual activity

    7. Redesignated · 10 U.S.C. § 920(g)(8)

       Pub. L. 112–81, § 541(a)(10)(K), added subpars. (B) and (C). Former par. (8) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (g)(8). Pub. L. 112–81, § 541(a)(10)(K), redesignated par. (14) as (8), designated introductory provisions as subpar. (A), in first sentence, struck out “words or overt acts indicating” before “a freely given” and “sexual” before “conduct”, in third sentence, struck out “accused’s” before “use of force”, in fourth sentence, inserted “or social or sexual” before “relationship” and struck out “sexual” before “conduct” and last sentence, including subpars. (A) and (B), which related to a person who cannot consent to sexual activity, and added subpars. (B) and (C). Former par. (8) redesignated (3).

    Enacted provision · exact public law section
    (K) by redesignating paragraph (14) as paragraph (8) and in that paragraph— (i) by inserting “(A)” before “The term”; (ii) by striking “words or overt acts indicating” and “sexual” in the first sentence; (iii) by striking “accused’s” in the third sentence; (iv) by inserting “or social or sexual” before “relationship” in the fourth sentence; (v) by striking “sexual” before “conduct” in the fourth sentence; (vi) by striking “A person cannot consent” and all that follows through the period; and (vii) by adding at the end the following new subparagraphs: “(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1). “(C) Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.” ; and

27. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(J) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(g)(9)(13)

    Pub. L. 112–81, § 541(a)(10)(J), struck out pars. (9) to (13) which defined “child”, “lewd act”, “indecent liberty”, “indecent conduct”, and “act of prostitution”, respectively

    Source evidence

    Code amendment note
    Subsec. (g)(9) to (13). Pub. L. 112–81, § 541(a)(10)(J), struck out pars. (9) to (13) which defined “child”, “lewd act”, “indecent liberty”, “indecent conduct”, and “act of prostitution”, respectively.

    Enacted provision · exact public law section
    (J) by striking paragraphs (9) through (13);

28. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(K) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 920(g)(14)

    Pub. L. 112–81, § 541(a)(10)(K), redesignated par. (14) as (8)

    Source evidence

    Code amendment note
    Subsec. (g)(14). Pub. L. 112–81, § 541(a)(10)(K), redesignated par. (14) as (8).

    Enacted provision · exact public law section
    (K) by redesignating paragraph (14) as paragraph (8) and in that paragraph— (i) by inserting “(A)” before “The term”; (ii) by striking “words or overt acts indicating” and “sexual” in the first sentence; (iii) by striking “accused’s” in the third sentence; (iv) by inserting “or social or sexual” before “relationship” in the fourth sentence; (v) by striking “sexual” before “conduct” in the fourth sentence; (vi) by striking “A person cannot consent” and all that follows through the period; and (vii) by adding at the end the following new subparagraphs: “(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1). “(C) Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.” ; and

29. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10)(L) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(g)(15); 10 U.S.C. § 920(g)(16)

    Pub. L. 112–81, § 541(a)(10)(L), struck out pars. (15) and (16) which defined “mistake of fact as to consent” and “affirmative defense”, respectively

    Source evidence

    Code amendment note
    Subsec. (g)(15), (16). Pub. L. 112–81, § 541(a)(10)(L), struck out pars. (15) and (16) which defined “mistake of fact as to consent” and “affirmative defense”, respectively.

    Enacted provision · exact public law section
    (L) by striking paragraphs (15) and (16).

30. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(5) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 920(h)

    Pub. L. 112–81, § 541(a)(5), redesignated subsec. (h) as (d)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 112–81, § 541(a)(5), redesignated subsec. (h) as (d).

    Enacted provision · exact public law section
    (5) Abusive sexual contact.— Subsection (h) is redesignated as subsection (d) and is amended— (A) by striking “engages in” and inserting “commits”; (B) by striking “with” and inserting “upon”; and (C) by striking “subsection (c) (aggravated sexual assault)” and inserting “subsection (b) (sexual assault)”.

31. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(2) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(i); 10 U.S.C. § 920(j)

    Pub. L. 112–81, § 541(a)(2), struck out subsecs. (i) and (j) which related to abusive sexual contact with a child and indecent liberty with a child, respectively

    Source evidence

    Code amendment note
    Subsecs. (i), (j). Pub. L. 112–81, § 541(a)(2), struck out subsecs. (i) and (j) which related to abusive sexual contact with a child and indecent liberty with a child, respectively.

    Enacted provision · exact public law section
    (2) Repeal of provisions relating to offenses replaced by new article 120b.— Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.

32. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(6) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(k)(n)

    Pub. L. 112–81, § 541(a)(6), struck out subsecs. (k) to (n) which related to indecent act, forcible pandering, wrongful sexual contact, and indecent exposure, respectively

    Source evidence

    Code amendment note
    Subsecs. (k) to (n). Pub. L. 112–81, § 541(a)(6), struck out subsecs. (k) to (n) which related to indecent act, forcible pandering, wrongful sexual contact, and indecent exposure, respectively.

    Enacted provision · exact public law section
    (6) Repeal of provisions relating to offenses replaced by new article 120c.— Subsections (k), (l), (m), and (n) are repealed.

33. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(2) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(o)

    Pub. L. 112–81, § 541(a)(2), struck out subsec. (o) which related to age of child

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 112–81, § 541(a)(2), struck out subsec. (o) which related to age of child.

    Enacted provision · exact public law section
    (2) Repeal of provisions relating to offenses replaced by new article 120b.— Subsections (b), (d), (f), (g), (i), (j), and (o) are repealed.

34. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(7) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 920(p)

    Pub. L. 112–81, § 541(a)(7), redesignated subsec. (p) as (e)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 112–81, § 541(a)(7), redesignated subsec. (p) as (e).

    Enacted provision · exact public law section
    (7) Proof of threat.— Subsection (p) is redesignated as subsection (e) and is amended— (A) by striking “the accused made” and inserting “a person made”; (B) by striking “the accused actually” and inserting “the person actually”; and (C) by inserting before the period at the end the following: “or had the ability to carry out the threat”.

35. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(8) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 920(q)

    Pub. L. 112–81, § 541(a)(8), redesignated subsec. (q) as (f)

    Source evidence

    Code amendment note
    Subsec. (q). Pub. L. 112–81, § 541(a)(8), redesignated subsec. (q) as (f).

    Enacted provision · exact public law section
    (8) Defenses.— Subsection (q) is redesignated as subsection (f) and is amended to read as follows: “(f) Defenses.— An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.” .

36. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(9) · 125 Stat. 1298

    Struck · 10 U.S.C. § 920(r); 10 U.S.C. § 920(s)

    Pub. L. 112–81, § 541(a)(9), struck out subsecs. (r) and (s) which related to consent and mistake of fact as to consent and other affirmative defenses not precluded, respectively

    Source evidence

    Code amendment note
    Subsecs. (r), (s). Pub. L. 112–81, § 541(a)(9), struck out subsecs. (r) and (s) which related to consent and mistake of fact as to consent and other affirmative defenses not precluded, respectively.

    Enacted provision · exact public law section
    (9) Provisions relating to affirmative defenses.— Subsections (r) and (s) are repealed.

37. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 541(a)(10) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 920(t)

    Pub. L. 112–81, § 541(a)(10), redesignated subsec. (t) as (g)

    Source evidence

    Code amendment note
    Subsec. (t). Pub. L. 112–81, § 541(a)(10), redesignated subsec. (t) as (g).

    Enacted provision · exact public law section
    (10) Definitions.— Subsection (t) is redesignated as subsection (g) and is amended— (A) in paragraph (1)— (i) in subparagraph (A), by inserting “or anus or mouth” after “vulva”; and (ii) in subparagraph (B)— (I) by striking “genital opening” and inserting “vulva or anus or mouth,”; and (II) by striking “a hand or finger” and inserting “any part of the body”; (B) by striking paragraph (2) and inserting the following: “(2) Sexual contact.— The term ‘sexual contact’ means— “(A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or “(B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body.” . (C) by striking paragraph (4) and redesignating paragraph (3) as paragraph (4); (D) by redesignating paragraph (8) as paragraph (3), transferring that paragraph so as to appear after paragraph (2), and amending that paragraph by inserting before the period at the end the following: “, including any nonconsensual sexual act or nonconsensual sexual contact”; (E) in paragraph (4), as redesignated by subparagraph (C), by striking the last sentence; (F) by striking paragraphs (5) and (7); (G) by redesignating paragraph (6) as paragraph (7); (H) by inserting after paragraph (4), as redesignated by subparagraph (C), the following new paragraphs (5) and (6): “(5) Force.— The term ‘force’ means— “(A) the use of a weapon; “(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or “(C) inflicting physical harm sufficient to coerce or compel submission by the victim. “(6) Unlawful force.— The term ‘unlawful force’ means an act of force done without legal justification or excuse.” ; (I) in paragraph (7), as redesignated by subparagraph (G)— (i) by striking “under paragraph (3)” and all that follows through “contact),”; and (ii) by striking “death, grievous bodily harm, or kidnapping” and inserting “the wrongful action contemplated by the communication or action.”; (J) by striking paragraphs (9) through (13); (K) by redesignating paragraph (14) as paragraph (8) and in that paragraph— (i) by inserting “(A)” before “The term”; (ii) by striking “words or overt acts indicating” and “sexual” in the first sentence; (iii) by striking “accused’s” in the third sentence; (iv) by inserting “or social or sexual” before “relationship” in the fourth sentence; (v) by striking “sexual” before “conduct” in the fourth sentence; (vi) by striking “A person cannot consent” and all that follows through the period; and (vii) by adding at the end the following new subparagraphs: “(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1). “(C) Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.” ; and (L) by striking paragraphs (15) and (16).

38. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title X § 1076(f)(9) · 126 Stat. 1632

    Struck · 10 U.S.C. § 920(g)(7)

    Pub. L. 112–239 struck out second period at end

    Source evidence

    Code amendment note
    Subsec. (g)(7). Pub. L. 112–239 struck out second period at end.

    Enacted provision · exact public law section
    (9) Section 920(g)(7) (article 120 of the Uniform Code of Military Justice) is amended by striking the second period at the end.

39. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(a)(1) · 130 Stat. 2000

    1. Redesignated · 10 U.S.C. § 920(b)(1)(B)(D)

       Pub. L. 114–328, § 5430(a)(1), redesignated subpars. (C) and (D) as (B) and (C), respectively

    2. Struck · 10 U.S.C. § 920(b)(1)(B)(D)

       Pub. L. 114–328, § 5430(a)(1), struck out former subpar. (B) which read as follows: “causing bodily harm to that other person;”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B) to (D). Pub. L. 114–328, § 5430(a)(1), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: “causing bodily harm to that other person;”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking subparagraph (B); and (B) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

40. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(a)(2) · 130 Stat. 2000

    1. Inserted · 10 U.S.C. § 920(b)(2)

       Pub. L. 114–328, § 5430(a)(2), inserted dash after “another person”

    2. Added · 10 U.S.C. § 920(b)(2)

       Pub. L. 114–328, § 5430(a)(2), added subpar. (A)

    3. Inserted · 10 U.S.C. § 920(b)(2)

       Pub. L. 114–328, § 5430(a)(2), inserted subpar. (B) designation before “when the person”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 114–328, § 5430(a)(2), inserted dash after “another person”, added subpar. (A), and inserted subpar. (B) designation before “when the person”.

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by striking “another person when” and inserting “another person— “(B) when” ; and (B) by inserting before subparagraph (B), as added by subparagraph (A) of this paragraph, the following new subparagraph: “(A) without the consent of the other person; or” .

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

41. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(b)(1) · 130 Stat. 2000

    Amended · 10 U.S.C. § 920(g)(1)

    Pub. L. 114–328, § 5430(b)(1), amended par. (1) generally. Prior to amendment, par. (1) defined “sexual act”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 114–328, § 5430(b)(1), amended par. (1) generally. Prior to amendment, par. (1) defined “sexual act”.

    Enacted provision · exact public law section
    (1) Sexual act.— Paragraph (1) of subsection (g) of such section (article) is amended to read as follows: “(1) Sexual act.— The term ‘sexual act’ means— “(A) the penetration, however slight, of the penis into the vulva or anus or mouth; “(B) contact between the mouth and the penis, vulva, scrotum, or anus; or “(C) the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.” .

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

42. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(b)(2) · 130 Stat. 2000

    Amended · 10 U.S.C. § 920(g)(2)

    Pub. L. 114–328, § 5430(b)(2), amended par. (2) generally. Prior to amendment, par. (2) defined “sexual contact”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 114–328, § 5430(b)(2), amended par. (2) generally. Prior to amendment, par. (2) defined “sexual contact”.

    Enacted provision · exact public law section
    (2) Sexual contact.— Paragraph (2) of such subsection is amended to read as follows: “(2) Sexual contact.— The term ‘sexual contact’ means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, brest, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.” .

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

43. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(b)(3) · 130 Stat. 2000

    1. Redesignated · 10 U.S.C. § 920(g)(3)(6)

       Pub. L. 114–328, § 5430(b)(3), redesignated pars. (4) to (7) as (3) to (6), respectively

    2. Struck · 10 U.S.C. § 920(g)(3)(6)

       Pub. L. 114–328, § 5430(b)(3), struck out former par. (3) which defined “bodily harm”

    Source evidence

    Code amendment note
    Subsec. (g)(3) to (6). Pub. L. 114–328, § 5430(b)(3), redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which defined “bodily harm”.

    Enacted provision · exact public law section
    (3) Repeal of definition of bodily harm.— Such subsection is further amended— (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively.

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

44. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(b)(3)(B) · 130 Stat. 2000

    Redesignated · 10 U.S.C. § 920(g)(7)

    Pub. L. 114–328, § 5430(b)(3)(B), redesignated par. (8) as (7). Former par. (7) redesignated (6)

    Source evidence

    Code amendment note
    Subsec. (g)(7). Pub. L. 114–328, § 5430(b)(3)(B), redesignated par. (8) as (7). Former par. (7) redesignated (6).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively.

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

45. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(b)(4)(A)(iii) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 920(g)(7)(A)

    Pub. L. 114–328, § 5430(b)(4)(A)(iii), substituted “does not” for “shall not” in last sentence

    Source evidence

    Code amendment note
    Subsec. (g)(7)(A). Pub. L. 114–328, § 5430(b)(4)(A)(iii), substituted “does not” for “shall not” in last sentence.

    Enacted provision · exact public law section
    (iii) in the last sentence, by striking “shall not” and inserting “does not”;

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

46. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(b)(4)(A)(i) · 130 Stat. 2000

    Struck and inserted · 10 U.S.C. § 920(g)(7)(A)

    Pub. L. 114–328, § 5430(b)(4)(A)(i), (ii), which directed amendment of subpar. (A) by striking out “or submission resulting from the use of force, threat of force, or placing another in fear” in the second sentence and by inserting “Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent.” after the second sentence, was executed by striking out “or submission resulting from the use of force, threat of force, or placing another person in fear” after “physical resistance” in the third sentence and by making the insertion after the third sentence, to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–328, § 5430(b)(4)(A)(i), (ii), which directed amendment of subpar. (A) by striking out “or submission resulting from the use of force, threat of force, or placing another in fear” in the second sentence and by inserting “Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent.” after the second sentence, was executed by striking out “or submission resulting from the use of force, threat of force, or placing another person in fear” after “physical resistance” in the third sentence and by making the insertion after the third sentence, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (i) in the second sentence, by striking “or submission resulting from the use of force, threat of force, or placing another in fear”;

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

47. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(b)(4)(B) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 920(g)(7)(B)

    Pub. L. 114–328, § 5430(b)(4)(B), which directed substitution of “subparagraph (B) or (C)” for “subparagraph (B) or (D)”, was executed by making the substitution for “subparagraph (C) or (D)”, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (g)(7)(B). Pub. L. 114–328, § 5430(b)(4)(B), which directed substitution of “subparagraph (B) or (C)” for “subparagraph (B) or (D)”, was executed by making the substitution for “subparagraph (C) or (D)”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by striking “subparagraph (B) or (D)” and inserting “subparagraph (B) or (C)”; and

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

48. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(b)(4)(C) · 130 Stat. 2000

    Struck · 10 U.S.C. § 920(g)(7)(C)

    Pub. L. 114–328, § 5430(b)(4)(C), struck out “Lack of consent may be inferred based on the circumstances of the offense.” at beginning and “, or whether a person did not resist or ceased to resist only because of another person’s actions” before period at end

    Source evidence

    Code amendment note
    Subsec. (g)(7)(C). Pub. L. 114–328, § 5430(b)(4)(C), struck out “Lack of consent may be inferred based on the circumstances of the offense.” at beginning and “, or whether a person did not resist or ceased to resist only because of another person’s actions” before period at end.

    Enacted provision · exact public law section
    (C) in subparagraph (C)— (i) by striking the first sentence; and (ii) in the last sentence, by striking “, or whether” and all that follows and inserting a period.

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

49. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5430(b)(5) · 130 Stat. 2000

    Redesignated · 10 U.S.C. § 920(g)(8)

    Pub. L. 114–328, § 5430(b)(5), added par. (8). Former par. (8) redesignated (7)

    Source evidence

    Code amendment note
    Subsec. (g)(8). Pub. L. 114–328, § 5430(b)(5), added par. (8). Former par. (8) redesignated (7).

    Enacted provision · exact public law section
    (5) Incapable of consenting.— Such subsection is further amended by adding at the end the following new paragraph (8): “(8) Incapable of consenting.— The term ‘incapable of consenting’ means the person is— “(A) incapable of appraising the nature of the conduct at issue; or “(B) physically incapable of declining participation in, or communicating unwillingess to engage in, the sexual act at issue.” .

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

50. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title X § 1081(c)(1)(O) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 920(g)(2)

    Pub. L. 115–91 substituted “breast” for “brest”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 115–91 substituted “breast” for “brest”.

    Enacted provision · exact public law section
    (O) Section 920(g)(2) (article 120(g)(2)), as amended by section 5430(b) of the Military Justice Act of 2016 (130 Stat. 2949), is further amended in the first sentence by striking “brest” and inserting “breast”.

    Effective date note
    Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

77 of 78 references resolved to an enrolled provision · 1 partial