§ 930. Art. 130. Stalking

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. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title V § 551(a)(1) · 119 Stat. 3136

   Enacted · 10 U.S.C. § 930

   Added Pub. L. 109–163, div. A, title V, § 551(a)(1), Jan. 6, 2006, 119 Stat. 3256, § 920a

   Source evidence

   Code source credit
   Added Pub. L. 109–163, div. A, title V, § 551(a)(1), Jan. 6, 2006, 119 Stat. 3256, § 920a

   Enacted provision · exact public law section
   (1) New punitive article.— Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 920 (article 120) the following new section: “§ 920a. Art. 120a. Stalking “(a) Any person subject to this section— “(1) who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family; “(2) who has knowledge, or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family; and “(3) whose acts induce reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself or to a member of his or her immediate family; is guilty of stalking and shall be punished as a court-martial may direct. “(b) In this section: “(1) The term ‘course of conduct’ means— “(A) a repeated maintenance of visual or physical proximity to a specific person; or “(B) a repeated conveyance of verbal threat, written threats, or threats implied by conduct, or a combination of such threats, directed at or toward a specific person. “(2) The term ‘repeated’, with respect to conduct, means two or more occasions of such conduct. “(3) The term ‘immediate family’, in the case of a specific person, means a spouse, parent, child, or sibling of the person, or any other family member, relative, or intimate partner of the person who regularly resides in the household of the person or who within the six months preceding the commencement of the course of conduct regularly resided in the household of the person.” .

2. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LX · 130 Stat. 2000

   Amended · 10 U.S.C. § 930

   Pub. L. 114–328 amended section generally. Prior to amendment, section set out elements of stalking and defined terms

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, section set out elements of stalking and defined terms.

   Enacted provision · exact public law
   TITLE LX— PUNITIVE ARTICLES Sec. 5401.  Reorganization of punitive articles. Sec. 5402.  Conviction of offense charged, lesser included offenses, and attempts. Sec. 5403.  Soliciting commission of offenses. Sec. 5404.  Malingering. Sec. 5405.  Breach of medical quarantine. Sec. 5406.  Missing movement; jumping from vessel. Sec. 5407.  Offenses against correctional custody and restriction. Sec. 5408.  Disrespect toward superior commissioned officer; assault of superior commissioned officer. Sec. 5409.  Willfully disobeying superior commissioned officer. Sec. 5410.  Prohibited activities with military recruit or trainee by person in position of special trust. Sec. 5411.  Offenses by sentinel or lookout. Sec. 5412.  Disrespect toward sentinel or lookout. Sec. 5413.  Release of prisoner without authority; drinking with prisoner. Sec. 5414.  Penalty for acting as a spy. Sec. 5415.  Public records offenses. Sec. 5416.  False or unauthorized pass offenses. Sec. 5417.  Impersonation offenses. Sec. 5418.  Insignia offenses. Sec. 5419.  False official statements; false swearing. Sec. 5420.  Parole violation. Sec. 5421.  Wrongful taking, opening, etc. of mail matter. Sec. 5422.  Improper hazarding of vessel or aircraft. Sec. 5423.  Leaving scene of vehicle accident. Sec. 5424.  Drunkenness and other incapacitation offenses. Sec. 5425.  Lower blood alcohol content limits for conviction of drunken or reckless operation of vehicle, aircraft, or vessel. Sec. 5426.  Endangerment offenses. Sec. 5427.  Communicating threats. Sec. 5428.  Technical amendment relating to murder. Sec. 5429.  Child endangerment. Sec. 5430.  Rape and sexual assault offenses. Sec. 5431.  Deposit of obscene matter in the mail. Sec. 5432.  Fraudulent use of credit cards, debit cards, and other access devices. Sec. 5433.  False pretenses to obtain services. Sec. 5434.  Robbery. Sec. 5435.  Receiving stolen property. Sec. 5436.  Offenses concerning Government computers. Sec. 5437.  Bribery. Sec. 5438.  Graft. Sec. 5439.  Kidnapping. Sec. 5440.  Arson; burning property with intent to defraud. Sec. 5441.  Assault. Sec. 5442.  Burglary and unlawful entry. Sec. 5443.  Stalking. Sec. 5444.  Subornation of perjury. Sec. 5445.  Obstructing justice. Sec. 5446.  Misprision of serious offense. Sec. 5447.  Wrongful refusal to testify. Sec. 5448.  Prevention of authorized seizure of property. Sec. 5449.  Wrongful interference with adverse administrative proceeding. Sec. 5450.  Retaliation. Sec. 5451.  Extraterritorial application of certain offenses. Sec. 5452.  Table of sections. SEC. 5401. REORGANIZATION OF PUNITIVE ARTICLES.   Sections of subchapter X of chapter 47 of title 10, United States Code (articles of the Uniform Code of Military Justice), are transferred within subchapter X and redesignated as follows: (1) Enlistment and separation.— Sections 883 and 884 (articles 83 and 84) are transferred so as to appear (in that order) after section 904 (article 104) and are redesignated as sections 904a and 904b (articles 104a and 104b), respectively. (2) Resistance, flight, breach of arrest, and escape.— Section 895 (article 95) is transferred so as to appear after section 887 (article 87) and is redesignated as section 887a (article 87a). (3) Noncompliance with procedural rules.— Section 898 (article 98) is transferred so as to appear after section 931 (article 131) and is redesignated as section 931f (article 131f). (4) Captured or abandoned property.— Section 903 (article 103) is transferred so as to appear after section 908 (article 108) and is redesignated as section 908a (article 108a). (5) Aiding the enemy.— Section 904 (article 104) is redesignated as section 903b (article 103b). (6) Misconduct as prisoner.— Section 905 (article 105) is transferred so as to appear after section 897 (article 97) and is redesignated as section 898 (article 98). (7) Spies; espionage.— Sections 906 and 906a (articles 106 and 106a) are transferred so as to appear (in that order) after section 902 (article 102) and are redesignated as sections 903 and 903a (articles 103 and 103a), respectively. (8) Misbehavior of sentinel.— Section 913 (article 113) is transferred so as to appear after section 894 (article 94) and is redesignated as section 895 (article 95). (9) Drunken or reckless operation of a vehicle, aircraft, or vessel.— Section 911 (article 111) is transferred so as to appear after section 912a (article 912a) and is redesignated as section 913 (article 113). (10) Housebreaking.— Section 930 (article 130) is redesignated as section 929a (article 129a). (11) Stalking.— Section 920a (article 120a) is transferred so as to appear after section 929a (article 129a), as redesignated by paragraph (10), and is redesignated as section 930 (article 130). (12) Forgery.— Section 923 (article 123) is transferred so as to appear after section 904b (article 104b), as transferred and redesignated by paragraph (1), and is redesignated as section 905 (article 105). (13) Maiming.— (A) In general.— Section 924 (article 124) is transferred so as to appear after section 928 (article 128) and is redesignated as section 928a (article 128a). (B) Conforming amendments.— Section 919a(b) (article 919a(b)) is amended— (i) by striking “924,” and inserting “928a,”; and (ii) by striking “124,” and inserting “128a”. (14) Frauds against the united states.— Section 932 of (article 132) is transferred so as to appear after section 923a (article 123a) and is redesignated as section 924 (article 124). SEC. 5402. CONVICTION OF OFFENSE CHARGED, LESSER INCLUDED OFFENSES, AND ATTEMPTS.   Section 879 of title 10, United States Code (article 79 of the Uniform Code of Military Justice), is amended to read as follows: “§ 879. Art. 79. Conviction of offense charged, lesser included offenses, and attempts “(a) In General.— An accused may be found guilty of any of the following: “(1) The offense charged. “(2) A lesser included offense. “(3) An attempt to commit the offense charged. “(4) An attempt to commit a lesser included offense, if the attempt is an offense in its own right. “(b) Lesser Included Offense Defined.— In this section (article), the term ‘lesser included offense’ means— “(1) an offense that is necessarily included in the offense charged; and “(2) any lesser included offense so designated by regulation prescribed by the President. “(c) Regulatory Authority.— Any designation of a lesser included offense in a regulation referred to in subsection (b) shall be reasonably included in the greater offense.” . SEC. 5403. SOLICITING COMMISSION OF OFFENSES.   Section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice), is amended to read as follows: “§ 882. Art. 82. Soliciting commission of offenses “(a) Soliciting Commission of Offenses Generally.— Any person subject to this chapter who solicits or advises another to commit an offense under this chapter (other than an offense specified in subsection (b)) shall be punished as a court-martial may direct. “(b) Soliciting Desertion, Mutiny, Sedition, or Misbehavior Before the Enemy.— Any person subject to this chapter who solicits or advises another to violate section 885 of this title (article 85), section 894 of this title (article 94), or section 99 of this title (article 99)— “(1) if the offense solicited or advised is attempted or is committed, shall be punished with the punishment provided for the commission of the offense; and “(2) if the offense solicited or advised is not attempted or committed, shall be punished as a court-martial may direct.” . SEC. 5404. MALINGERING.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 882 (article 82 of the Uniform Code of Military Justice), as amended by section 5403 of this Act, the following new section (article): “§ 883. Art. 83. Malingering   “Any person subject to this chapter who, with the intent to avoid work, duty, or service— “(1) feigns illness, physical disablement, mental lapse, or mental derangement; or “(2) intentionally inflicts self-injury; shall be punished as a court-martial may direct.” . SEC. 5405. BREACH OF MEDICAL QUARANTINE.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 883 (article 83 of the Uniform Code of Military Justice), as added by section 5404 of this Act, the following new section (article): “§ 884. Art. 84. Breach of medical quarantine   “Any person subject to this chapter— “(1) who is ordered into medical quarantine by a person authorized to issue such order; and “(2) who, with knowledge of the quarantine and the limits of the quarantine, goes beyond those limits before being released from the quarantine by proper authority; shall be punished as a court-martial may direct.” . SEC. 5406. MISSING MOVEMENT; JUMPING FROM VESSEL.   Section 887 of title 10, United States Code (article 87 of the Uniform Code of Military Justice), is amended to read as follows: “§ 887. Art. 87. Missing movement; jumping from vessel “(a) Missing Movement.— Any person subject to this chapter who, through neglect or design, misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct. “(b) Jumping From Vessel Into the Water.— Any person subject to this chapter who wrongfully and intentionally jumps into the water from a vessel in use by the armed forces shall be punished as a court-martial may direct.” . SEC. 5407. OFFENSES AGAINST CORRECTIONAL CUSTODY AND RESTRICTION.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 887a (article 87a of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(2) of this Act, the following new section (article): “§ 887b. Art. 87b. Offenses against correctional custody and restriction “(a) Escape From Correctional Custody.— Any person subject to this chapter— “(1) who is placed in correctional custody by a person authorized to do so; “(2) who, while in correctional custody, is under physical restraint; and “(3) who escapes from the physical restraint before being released from the physical restraint by proper authority; shall be punished as a court-martial may direct. “(b) Breach of Correctional Custody.— Any person subject to this chapter— “(1) who is placed in correctional custody by a person authorized to do so; “(2) who, while in correctional custody, is under restraint other than physical restraint; and “(3) who goes beyond the limits of the restraint before being released from the correctional custody or relieved of the restraint by proper authority; shall be punished as a court-martial may direct. “(c) Breach of Restriction.— Any person subject to this chapter— “(1) who is ordered to be restricted to certain limits by a person authorized to do so; and “(2) who, with knowledge of the limits of the restriction, goes beyond those limits before being released by proper authority; shall be punished as a court-martial may direct.” . SEC. 5408. DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER; ASSAULT OF SUPERIOR COMMISSIONED OFFICER.   Section 889 of title 10, United States Code (article 89 of the Uniform Code of Military Justice), is amended to read as follows: “§ 889. Art. 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer “(a) Disrespect.— Any person subject to this chapter who behaves with disrespect toward that person’s superior commissioned officer shall be punished as a court-martial may direct. “(b) Assault.— Any person subject to this chapter who strikes that person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer’s office shall be punished— “(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and “(2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.” . SEC. 5409. WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.   Section 890 of title 10, United States Code (article 90 of the Uniform Code of Military Justice), is amended to read as follows: “§ 890. Art. 90. Willfully disobeying superior commissioned officer   “Any person subject to this chapter who willfully disobeys a lawful command of that person’s superior commissioned officer shall be punished— “(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and “(2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.” . SEC. 5410. PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 893 (article 93 of the Uniform Code of Military Justice), the following new section (article): “§ 893a. Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust “(a) Abuse of Training Leadership Position.— Any person subject to this chapter— “(1) who is an officer, a noncommissioned officer, or a petty officer; “(2) who is in a training leadership position with respect to a specially protected junior member of the armed forces; and “(3) who engages in prohibited sexual activity with such specially protected junior member of the armed forces; shall be punished as a court-martial may direct. “(b) Abuse of Position as Military Recruiter.— Any person subject to this chapter— “(1) who is a military recruiter and engages in prohibited sexual activity with an applicant for military service; or “(2) who is a military recruiter and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program; shall be punished as a court-martial may direct. “(c) Consent.— Consent is not a defense for any conduct at issue in a prosecution under this section (article). “(d) Definitions.— In this section (article): “(1) Specially protected junior member of the armed forces.— The term ‘specially protected junior member of the armed forces’ means— “(A) a member of the armed forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program; “(B) a member of the armed forces who is a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; and “(C) a member of the armed forces in any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification. “(2) Training leadership position.— The term ‘training leadership position’ means, with respect to a specially protected junior member of the armed forces, any of the following: “(A) Any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers’ training corps unit, a training program for entry into the armed forces, or any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification. “(B) Faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy. “(3) Applicant for military service.— The term ‘applicant for military service’ means a person who, under regulations prescribed by the Secretary concerned, is an applicant for original enlistment or appointment in the armed forces. “(4) Military recruiter.— The term ‘military recruiter’ means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for military service. “(5) Prohibited sexual activity.— The term ‘prohibited sexual activity’ means, as specified in regulations prescribed by the Secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.” . SEC. 5411. OFFENSES BY SENTINEL OR LOOKOUT.   Section 895 of title 10, United States Code (article 95 of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(8) of this Act, is amended to read as follows: “§ 895. Art. 95. Offenses by sentinel or lookout “(a) Drunk or Sleeping on Post, or Leaving Post Before Being Relieved.— Any sentinel or lookout who is drunk on post, who sleeps on post, or who leaves post before being regularly relieved, shall be punished— “(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and “(2) if the offense is committed other than in time of war, by such punishment, other than death, as a court-martial may direct. “(b) Loitering or Wrongfully Sitting on Post.— Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished as a court-martial may direct.” . SEC. 5412. DISRESPECT TOWARD SENTINEL OR LOOKOUT.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 895 (article 95 of the Uniform Code of Military Justice), as amended by section 5411 of this Act, the following new section (article): “§ 895a. Art. 95a. Disrespect toward sentinel or lookout “(a) Disrespectful Language Toward Sentinel or Lookout.— Any person subject to this chapter who, knowing that another person is a sentinel or lookout, uses wrongful and disrespectful language that is directed toward and within the hearing of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct. “(b) Disrespectful Behavior Toward Sentinel or Lookout.— Any person subject to this chapter who, knowing that another person is a sentinel or lookout, behaves in a wrongful and disrespectful manner that is directed toward and within the sight of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.” . SEC. 5413. RELEASE OF PRISONER WITHOUT AUTHORITY; DRINKING WITH PRISONER.   Section 896 of title 10, United States Code (article 96 of the Uniform Code of Military Justice), is amended to read as follows: “§ 896. Art. 96. Release of prisoner without authority; drinking with prisoner “(a) Release of Prisoner Without Authority.— Any person subject to this chapter— “(1) who, without authority to do so, releases a prisoner; or “(2) who, through neglect or design, allows a prisoner to escape; shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law. “(b) Drinking With Prisoner.— Any person subject to this chapter who unlawfully drinks any alcoholic beverage with a prisoner shall be punished as a court-martial may direct.” . SEC. 5414. PENALTY FOR ACTING AS A SPY.   Section 903 of title 10, United States Code (article 103 of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(7) of this Act, is amended by inserting before the period at the end of the first sentence the following: “or such other punishment as a court-martial or a military commission may direct”. SEC. 5415. PUBLIC RECORDS OFFENSES.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 903b (article 103b of the Uniform Code of Military Justice), as redesignated by section 5401(5) of this Act, the following new section (article): “§ 904. Art. 104. Public records offenses   “Any person subject to this chapter who, willfully and unlawfully— “(1) alters, conceals, removes, mutilates, obliterates, or destroys a public record; or “(2) takes a public record with the intent to alter, conceal, remove, mutilate, obliterate, or destroy the public record; shall be punished as a court-martial may direct.” . SEC. 5416. FALSE OR UNAUTHORIZED PASS OFFENSES.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 905 (article 105 of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(12) of this Act, the following new section (article): “§ 905a. Art. 105a. False or unauthorized pass offenses “(a) Wrongful Making, Altering, etc.— Any person subject to this chapter who, wrongfully and falsely, makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card shall be punished as a court-martial may direct. “(b) Wrongful Sale, etc.— Any person subject to this chapter who wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct. “(c) Wrongful Use or Possession.— Any person subject to this chapter who wrongfully uses or possesses a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, shall be punished as a court-martial may direct.” . SEC. 5417. IMPERSONATION OFFENSES.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 905a (article 105a of the Uniform Code of Military Justice), as added by section 5416 of this Act, the following new section (article): “§ 906. Art. 106. Impersonation of officer, noncommissioned or petty officer, or agent or official “(a) In General.— Any person subject to this chapter who, wrongfully and willfully, impersonates— “(1) an officer, a noncommissioned officer, or a petty officer; “(2) an agent of superior authority of one of the armed forces; or “(3) an official of a government; shall be punished as a court-martial may direct. “(b) Impersonation With Intent to Defraud.— Any person subject to this chapter who, wrongfully, willfully, and with intent to defraud, impersonates any person referred to in paragraph (1), (2), or (3) of subsection (a) shall be punished as a court-martial may direct. “(c) Impersonation of Government Official Without Intent to Defraud.— Any person subject to this chapter who, wrongfully, willfully, and without intent to defraud, impersonates an official of a government by committing an act that exercises or asserts the authority of the office that the person claims to have shall be punished as a court-martial may direct.” . SEC. 5418. INSIGNIA OFFENSES.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 906 (article 106 of the Uniform Code of Military Justice), as added by section 5417 of this Act, the following new section (article): “§ 906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button   “Any person subject to this chapter— “(1) who is not authorized to wear an insignia, decoration, badge, ribbon, device, or lapel button; and “(2) who wrongfully wears such insignia, decoration, badge, ribbon, device, or lapel button upon the person’s uniform or civilian clothing; shall be punished as a court-martial may direct.” . SEC. 5419. FALSE OFFICIAL STATEMENTS; FALSE SWEARING.   Section 907 of title 10, United States Code (article 107 of the Uniform Code of Military Justice), is amended to read as follows: “§ 907. Art. 107. False official statements; false swearing “(a) False Official Statements.— Any person subject to this chapter who, with intent to deceive— “(1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or “(2) makes any other false official statement knowing it to be false; shall be punished as a court-martial may direct. “(b) False Swearing.— Any person subject to this chapter— “(1) who takes an oath that— “(A) is administered in a matter in which such oath is required or authorized by law; and “(B) is administered by a person with authority to do so; and “(2) who, upon such oath, makes or subscribes to a statement; if the statement is false and at the time of taking the oath, the person does not believe the statement to be true, shall be punished as a court-martial may direct.” . SEC. 5420. PAROLE VIOLATION.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 907 (article 107 of the Uniform Code of Military Justice), as amended by section 5419 of this Act, the following new section (article): “§ 907a. Art. 107a. Parole violation   “Any person subject to this chapter— “(1) who, having been a prisoner as the result of a court-martial conviction or other criminal proceeding, is on parole with conditions; and “(2) who violates the conditions of parole; shall be punished as a court-martial may direct.” . SEC. 5421. WRONGFUL TAKING, OPENING, ETC. OF MAIL MATTER.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 909 (article 109 of the Uniform Code of Military Justice), the following new section (article): “§ 909a. Art. 109a. Mail matter: wrongful taking, opening, etc. “(a) Taking.— Any person subject to this chapter who, with the intent to obstruct the correspondence of, or to pry into the business or secrets of, any person or organization, wrongfully takes mail matter before the mail matter is delivered to or received by the addressee shall be punished as a court-martial may direct. “(b) Opening, Secreting, Destroying, Stealing.— Any person subject to this chapter who wrongfully opens, secretes, destroys, or steals mail matter before the mail matter is delivered to or received by the addressee shall be punished as a court-martial may direct.” . SEC. 5422. IMPROPER HAZARDING OF VESSEL OR AIRCRAFT.   Section 910 of title 10, United States Code (article 110 of the Uniform Code of Military Justice), is amended to read as follows: “§ 910. Art. 110. Improper hazarding of vessel or aircraft “(a) Willful and Wrongful Hazarding.— Any person subject to this chapter who, willfully and wrongfully, hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished by death or such other punishment as a court-martial may direct. “(b) Negligent Hazarding.— Any person subject to this chapter who negligently hazards or suffers to be hazarded any vessel or aircraft of the armed forces shall be punished as a court-martial may direct.” . SEC. 5423. LEAVING SCENE OF VEHICLE ACCIDENT.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 910 (article 110 of the Uniform Code of Military Justice), as amended by section 5422 of this Act, the following new section (article): “§ 911. Art. 111. Leaving scene of vehicle accident “(a) Driver.— Any person subject to this chapter— “(1) who is the driver of a vehicle that is involved in an accident that results in personal injury or property damage; and “(2) who wrongfully leaves the scene of the accident— “(A) without providing assistance to an injured person; or “(B) without providing personal identification to others involved in the accident or to appropriate authorities; shall be punished as a court-martial may direct. “(b) Senior Passenger.— Any person subject to this chapter— “(1) who is a passenger in a vehicle that is involved in an accident that results in personal injury or property damage; “(2) who is the superior commissioned or noncommissioned officer of the driver of the vehicle or is the commander of the vehicle; and “(3) who wrongfully and unlawfully orders, causes, or permits the driver to leave the scene of the accident— “(A) without providing assistance to an injured person; or “(B) without providing personal identification to others involved in the accident or to appropriate authorities; shall be punished as a court-martial may direct.” . SEC. 5424. DRUNKENNESS AND OTHER INCAPACITATION OFFENSES.   Section 912 of title 10, United States Code (article 112 of the Uniform Code of Military Justice), is amended to read as follows: “§ 912. Art. 112. Drunkenness and other incapacitation offenses “(a) Drunk on Duty.— Any person subject to this chapter who is drunk on duty shall be punished as a court-martial may direct. “(b) Incapacitation for Duty From Drunkenness or Drug Use.— Any person subject to this chapter who, as a result of indulgence in any alcoholic beverage or any drug, is incapacitated for the proper performance of duty shall be punished as a court-martial may direct. “(c) Drunk Prisoner.— Any person subject to this chapter who is a prisoner and, while in such status, is drunk shall be punished as a court-martial may direct.” . SEC. 5425. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR CONVICTION OF DRUNKEN OR RECKLESS OPERATION OF VEHICLE, AIRCRAFT, OR VESSEL.   Subsection (b)(3) of section 913 of title 10, United States Code (article 113 of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(9) of this Act, is amended— (1) by striking “0.10 grams” both places it appears and inserting “0.08 grams”; and (2) by adding at the end the following new sentence: “The Secretary may by regulation prescribe limits that are lower than the limits specified in the preceding sentence, if such lower limits are based on scientific developments, as reflected in Federal law of general applicability.”. SEC. 5426. ENDANGERMENT OFFENSES.   Section 914 of title 10, United States Code (article 114 of the Uniform Code of Military Justice), is amended to read as follows: “§ 914. Art. 114. Endangerment offenses “(a) Reckless Endangerment.— Any person subject to this chapter who engages in conduct that— “(1) is wrongful and reckless or is wanton; and “(2) is likely to produce death or grievous bodily harm to another person; shall be punished as a court-martial may direct. “(b) Dueling.— Any person subject to this chapter— “(1) who fights or promotes, or is concerned in or connives at fighting, a duel; or “(2) who, having knowledge of a challenge sent or about to be sent, fails to report the facts promptly to the proper authority; shall be punished as a court-martial may direct. “(c) Firearm Discharge, Endangering Human Life.— Any person subject to this chapter who, willfully and wrongly, discharges a firearm, under circumstances such as to endanger human life shall be punished as a court-martial may direct. “(d) Carrying Concealed Weapon.— Any person subject to this chapter who unlawfully carries a dangerous weapon concealed on or about his person shall be punished as a court-martial may direct.” . SEC. 5427. COMMUNICATING THREATS.   Section 915 of title 10, United States Code (article 115 of the Uniform Code of Military Justice), is amended to read as follows: “§ 915. Art. 115. Communicating threats “(a) Communicating Threats Generally.— Any person subject to this chapter who wrongfully communicates a threat to injure the person, property, or reputation of another shall be punished as a court-martial may direct. “(b) Communicating Threat to Use Explosive, etc.— Any person subject to this chapter who wrongfully communicates a threat to injure the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, or (4) a hazardous material, shall be punished as a court-martial may direct. “(c) Communicating False Threat Concerning Use of Explosive, etc.— Any person subject to this chapter who maliciously communicates a false threat concerning injury to the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, or (4) a hazardous material, shall be punished as a court-martial may direct. As used in the preceding sentence, the term ‘false threat’ means a threat that, at the time the threat is communicated, is known to be false by the person communicating the threat.” . SEC. 5428. TECHNICAL AMENDMENT RELATING TO MURDER.   Section 918(4) of title 10, United States Code (article 118(4) of the Uniform Code of Military Justice), is amended by striking “forcible sodomy,”. SEC. 5429. CHILD ENDANGERMENT.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 919a (article 119a of the Uniform Code of Military Justice), the following new section (article): “§ 919b. Art. 119b. Child endangerment   “Any person subject to this chapter— “(1) who has a duty for the care of a child under the age of 16 years; and “(2) who, through design or culpable negligence, endangers the child’s mental or physical health, safety, or welfare; shall be punished as a court-martial may direct.” . SEC. 5430. RAPE AND SEXUAL ASSAULT OFFENSES. (a) Offense of Sexual Assault.— Subsection (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended— (1) in paragraph (1)— (A) by striking subparagraph (B); and (B) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (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” . (b) Definitions.— (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.” . (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.” . (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. (4) Consent.— Paragraph (7) of such subsection, as redesignated by paragraph (3)(B) of this subsection, is further amended— (A) in subparagraph (A)— (i) in the second sentence, by striking “or submission resulting from the use of force, threat of force, or placing another in fear”; (ii) by inserting after the second sentence, as amended by clause (i) of this subparagraph the following new sentence: “Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent.”; and (iii) in the last sentence, by striking “shall not” and inserting “does not”; (B) in subparagraph (B), by striking “subparagraph (B) or (D)” and inserting “subparagraph (B) or (C)”; and (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. (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.” . (c) Rape and Sexual Assault of a Child.— Subsection (h)(1) of section 920b of title 10, United States Code (article 120b of the Uniform Code of Military Justice), is amended by inserting before the period at the end the following: “, except that the term ‘sexual act’ also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person”. SEC. 5431. DEPOSIT OF OBSCENE MATTER IN THE MAIL.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 920 (article 120 of the Uniform Code of Military Justice), the following new section (article): “§ 920a. Art. 120a. Mails: deposit of obscene matter   “Any person subject to this chapter who, wrongfully and knowingly, deposits obscene matter for mailing and delivery shall be punished as a court-martial may direct.” . SEC. 5432. FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND OTHER ACCESS DEVICES.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 921 (article 121 of the Uniform Code of Military Justice), the following new section (article): “§ 921a. Art. 121a. Fraudulent use of credit cards, debit cards, and other access devices “(a) In General.— Any person subject to this chapter who, knowingly and with intent to defraud, uses— “(1) a stolen credit card, debit card, or other access device; “(2) a revoked, cancelled, or otherwise invalid credit card, debit card, or other access device; or “(3) a credit card, debit card, or other access device without the authorization of a person whose authorization is required for such use; to obtain money, property, services, or anything else of value shall be punished as a court-martial may direct. “(b) Access Device Defined.— In this section (article), the term ‘access device’ has the meaning given that term in section 1029 of title 18.” . SEC. 5433. FALSE PRETENSES TO OBTAIN SERVICES.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 921a (article 121a of the Uniform Code of Military Justice), as added by section 5432 of this Act, the following new section (article): “§ 921b. Art. 121b. False pretenses to obtain services   “Any person subject to this chapter who, with intent to defraud, knowingly uses false pretenses to obtain services shall be punished as a court-martial may direct.” . SEC. 5434. ROBBERY.   Section 922 of title 10, United States Code (article 122 of the Uniform Code of Military Justice), is amended to read as follows: “§ 922. Art. 122. Robbery   “Any person subject to this chapter who takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.” . SEC. 5435. RECEIVING STOLEN PROPERTY.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 922 (article 122 of the Uniform Code of Military Justice), as amended by section 5434 of this Act, the following new section (article): “§ 922a. Art. 122a. Receiving stolen property   “Any person subject to this chapter who wrongfully receives, buys, or conceals stolen property, knowing the property to be stolen property, shall be punished as a court-martial may direct.” . SEC. 5436. OFFENSES CONCERNING GOVERNMENT COMPUTERS.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 922a (article 122a of the Uniform Code of Military Justice), as added by section 5435 of this Act, the following new section (article): “§ 923. Art. 123. Offenses concerning Government computers “(a) In General.— Any person subject to this chapter who— “(1) knowingly accesses a Government computer, with an unauthorized purpose, and by doing so obtains classified information, with reason to believe such information could be used to the injury of the United States, or to the advantage of any foreign nation, and intentionally communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted such information to any person not entitled to receive it; “(2) intentionally accesses a Government computer, with an unauthorized purpose, and thereby obtains classified or other protected information from any Government computer; or “(3) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization to a Government computer; shall be punished as a court-martial may direct. “(b) Definitions.— In this section: “(1) The term ‘computer’ has the meaning given that term in section 1030 of title 18. “(2) The term ‘Government computer’ means a computer owned or operated by or on behalf of the United States Government. “(3) The term ‘damage’ has the meaning given that term in section 1030 of title 18.” . SEC. 5437. BRIBERY.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 924 (article 124 of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(14) of this Act, the following new section (article): “§ 924a. Art. 124a. Bribery “(a) Asking, Accepting, or Receiving Thing of Value.— Any person subject to this chapter— “(1) who occupies an official position or who has official duties; and “(2) who wrongfully asks, accepts, or receives a thing of value with the intent to have the person’s decision or action influenced with respect to an official matter in which the United States is interested; shall be punished as a court-martial may direct. “(b) Promising, Offering, or Giving Thing of Value.— Any person subject to this chapter who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, with the intent to influence the decision or action of the other person with respect to an official matter in which the United States is interested, shall be punished as a court-martial may direct.” . SEC. 5438. GRAFT.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 924a (article 124a of the Uniform Code of Military Justice), as added by section 5437 of this Act, the following new section (article): “§ 924b. Art. 124b. Graft “(a) Asking, Accepting, or Receiving Thing of Value.— Any person subject to this chapter— “(1) who occupies an official position or who has official duties; and “(2) who wrongfully asks, accepts, or receives a thing of value as compensation for or in recognition of services rendered or to be rendered by the person with respect to an official matter in which the United States is interested; shall be punished as a court-martial may direct. “(b) Promising, Offering, or Giving Thing of Value.— Any person subject to this chapter who wrongfully promises, offers, or gives a thing of value to another person, who occupies an official position or who has official duties, as compensation for or in recognition of services rendered or to be rendered by the other person with respect to an official matter in which the United States is interested, shall be punished as a court-martial may direct.” . SEC. 5439. KIDNAPPING.   Section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), is amended to read as follows: “§ 925. Art. 125. Kidnapping   “Any person subject to this chapter who wrongfully— “(1) seizes, confines, inveigles, decoys, or carries away another person; and “(2) holds the other person against that person’s will; shall be punished as a court-martial may direct.” . SEC. 5440. ARSON; BURNING PROPERTY WITH INTENT TO DEFRAUD.   Section 926 of title 10, United States Code (article 126 of the Uniform Code of Military Justice), is amended to read as follows: “§ 926. Art. 126. Arson; burning property with intent to defraud “(a) Aggravated Arson.— Any person subject to this chapter who, willfully and maliciously, burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein, to the knowledge of that person, there is at the time a human being, is guilty of aggravated arson and shall be punished as a court-martial may direct. “(b) Simple Arson.— Any person subject to this chapter who, willfully and maliciously, burns or sets fire to the property of another is guilty of simple arson and shall be punished as a court-martial may direct. “(c) Burning Property With Intent to Defraud.— Any person subject to this chapter who, willfully, maliciously, and with intent to defraud, burns or sets fire to any property shall be punished as a court-martial may direct.” . SEC. 5441. ASSAULT.   Section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), is amended to read as follows: “§ 928. Art. 128. Assault “(a) Assault.— Any person subject to this chapter who, unlawfully and with force or violence— “(1) attempts to do bodily harm to another person; “(2) offers to do bodily harm to another person; or “(3) does bodily harm to another person; is guilty of assault and shall be punished as a court-martial may direct. “(b) Aggravated Assault.— Any person subject to this chapter— “(1) who, with the intent to do bodily harm, offers to do bodily harm with a dangerous weapon; or “(2) who, in committing an assault, inflicts substantial bodily harm, or grievous bodily harm on another person; is guilty of aggravated assault and shall be punished as a court-martial may direct. “(c) Assault With Intent to Commit Specified Offenses.— “(1) In general.— Any person subject to this chapter who commits assault with intent to commit an offense specified in paragraph (2) shall be punished as a court-martial may direct. “(2) Offenses specified.— The offenses referred to in paragraph (1) are murder, voluntary manslaughter, rape, sexual assault, rape of a child, sexual assault of a child, robbery, arson, burglary, and kidnapping.” . SEC. 5442. BURGLARY AND UNLAWFUL ENTRY.   Section 929 of title 10, United States Code (article 129 of the Uniform Code of Military Justice), and section 929a of such title (article 129a), as redesignated by section 5401(10) of this Act, are amended to read as follows: “§ 929. Art. 129. Burglary; unlawful entry “(a) Burglary.— Any person subject to this chapter who, with intent to commit an offense under this chapter, breaks and enters the building or structure of another shall be punished as a court-martial may direct. “(b) Unlawful Entry.— Any person subject to this chapter who unlawfully enters— “(1) the real property of another; or “(2) the personal property of another which amounts to a structure usually used for habitation or storage; shall be punished as a court-martial may direct.” . SEC. 5443. STALKING.   Section 930 of title 10, United States Code (article 130 of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(11) of this Act, is amended to read as follows: “§ 930. Art. 130. Stalking “(a) In General.— Any person subject to this chapter— “(1) who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, or to his or her intimate partner; “(2) who has knowledge, or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, or to his or her intimate partner; and “(3) whose conduct induces reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, or to his or her intimate partner; is guilty of stalking and shall be punished as a court-martial may direct. “(b) Definitions.— In this section: “(1) The term ‘conduct’ means conduct of any kind, including use of surveillance, the mails, an interactive computer service, an electronic communication service, or an electronic communication system. “(2) The term ‘course of conduct’ means— “(A) a repeated maintenance of visual or physical proximity to a specific person; “(B) a repeated conveyance of verbal threat, written threats, or threats implied by conduct, or a combination of such threats, directed at or toward a specific person; or “(C) a pattern of conduct composed of repeated acts evidencing a continuity of purpose. “(3) The term ‘repeated’, with respect to conduct, means two or more occasions of such conduct. “(4) The term ‘immediate family’, in the case of a specific person, means— “(A) that person’s spouse, parent, brother or sister, child, or other person to whom he or she stands in loco parentis; or “(B) any other person living in his or her household and related to him or her by blood or marriage. “(5) The term ‘intimate partner’, in the case of a specific person, means— “(A) a former spouse of the specific person, a person who shares a child in common with the specific person, or a person who cohabits with or has cohabited as a spouse with the specific person; or “(B) a person who has been in a social relationship of a romantic or intimate nature with the specific person, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.” . SEC. 5444. SUBORNATION OF PERJURY.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 931 (article 131 of the Uniform Code of Military Justice), the following new section (article): “§ 931a. Art. 131a. Subornation of perjury “(a) In General.— Any person subject to this chapter who induces and procures another person— “(1) to take an oath; and “(2) to falsely testify, depose, or state upon such oath; shall, if the conditions specified in subsection (b) are satisfied, be punished as a court-martial may direct. “(b) Conditions.— The conditions referred to in subsection (a) are the following: “(1) The oath is administered with respect to a matter for which such oath is required or authorized by law. “(2) The oath is administered by a person having authority to do so. “(3) Upon the oath, the other person willfully makes or subscribes a statement. “(4) The statement is material. “(5) The statement is false. “(6) When the statement is made or subscribed, the person subject to this chapter and the other person do not believe that the statement is true.” . SEC. 5445. OBSTRUCTING JUSTICE.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 931a (article 131a of the Uniform Code of Military Justice), as added by section 5444 of this Act, the following new section (article): “§ 931b. Art. 131b. Obstructing justice   “Any person subject to this chapter who engages in conduct in the case of a certain person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending, with intent to influence, impede, or otherwise obstruct the due administration of justice shall be punished as a court-martial may direct.” . SEC. 5446. MISPRISION OF SERIOUS OFFENSE.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 931b (article 131b of the Uniform Code of Military Justice), as added by section 5445 of this Act, the following new section (article): “§ 931c. Art. 131c. Misprision of serious offense   “Any person subject to this chapter— “(1) who knows that another person has committed a serious offense; and “(2) wrongfully conceals the commission of the offense and fails to make the commission of the offense known to civilian or military authorities as soon as possible; shall be punished as a court-martial may direct.” . SEC. 5447. WRONGFUL REFUSAL TO TESTIFY.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 931c (article 131c of the Uniform Code of Military Justice), as added by section 5446 of this Act, the following new section (article): “§ 931d. Art. 131d. Wrongful refusal to testify   “Any person subject to this chapter who, in the presence of a court-martial, a board of officers, a military commission, a court of inquiry, a preliminary hearing, or an officer taking a deposition, of or for the United States, wrongfully refuses to qualify as a witness or to answer a question after having been directed to do so by the person presiding shall be punished as a court-martial may direct.” . SEC. 5448. PREVENTION OF AUTHORIZED SEIZURE OF PROPERTY.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 931d (article 131d of the Uniform Code of Military Justice), as added by section 5447 of this Act, the following new section (article): “§ 931e. Art. 131e. Prevention of authorized seizure of property   “Any person subject to this chapter who, knowing that one or more persons authorized to make searches and seizures are seizing, are about to seize, or are endeavoring to seize property, destroys, removes, or otherwise disposes of the property with intent to prevent the seizure thereof shall be punished as a court-martial may direct.” . SEC. 5449. WRONGFUL INTERFERENCE WITH ADVERSE ADMINISTRATIVE PROCEEDING.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 931f (article 131f of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(3) of this Act, the following new section (article): “§ 931g. Art. 131g. Wrongful interference with adverse administrative proceeding   “Any person subject to this chapter who, having reason to believe that an adverse administrative proceeding is pending against any person subject to this chapter, wrongfully acts with the intent— “(1) to influence, impede, or obstruct the conduct of the proceeding; or “(2) otherwise to obstruct the due administration of justice; shall be punished as a court-martial may direct.” . SEC. 5450. RETALIATION.   Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 931g (article 131g of the Uniform Code of Military Justice), as added by section 5449 of this Act, the following new section (article): “§ 932. Art. 132. Retaliation “(a) In General.— Any person subject to this chapter who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication— “(1) wrongfully takes or threatens to take an adverse personnel action against any person; or “(2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person; shall be punished as a court-martial may direct. “(b) Definitions.— In this section: “(1) The term ‘protected communication’ means the following: “(A) A lawful communication to a Member of Congress or an Inspector General. “(B) A communication to a covered individual or organization in which a member of the armed forces complains of, or discloses information that the member reasonably believes constitutes evidence of, any of the following: “(i) A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination. “(ii) Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. “(2) The term ‘Inspector General’ has the meaning given that term in section 1034(h) of this title. “(3) The term ‘covered individual or organization’ means any recipient of a communication specified in clauses (i) through (v) of section 1034(b)(1)(B) of this title. “(4) The term ‘unlawful discrimination’ means discrimination on the basis of race, color, religion, sex, or national origin.” . SEC. 5451. EXTRATERRITORIAL APPLICATION OF CERTAIN OFFENSES.   Section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: “As used in the preceding sentence, the term ‘crimes and offenses not capital’ includes any conduct engaged in outside the United States, as defined in section 5 of title 18, that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18.”. SEC. 5452. TABLE OF SECTIONS.   The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended to read as follows: “subchapter x— punitive articles “Sec. Art.  “877. Art. 77. Principals. “878. Art. 78. Accessory after the fact. “879. Art. 79. Conviction of offense charged, lesser included offenses, and attempts. “880. Art. 80. Attempts. “881. Art. 81. Conspiracy. “882. Art. 82. Soliciting commission of offenses. “883. Art. 83. Malingering. “884. Art. 84. Breach of medical quarantine. “885. Art. 85. Desertion. “886. Art. 86. Absence without leave. “887. Art. 87. Missing movement; jumping from vessel. “887a. Art. 87a. Resistence, flight, breach of arrest, and escape. “887b. Art. 87b. Offenses against correctional custody and restriction. “888. Art. 88. Contempt toward officials. “889. Art. 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer. “890. Art. 90. Willfully disobeying superior commissioned officer. “891. Art. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. “892. Art. 92. Failure to obey order or regulation. “893. Art. 93. Cruelty and maltreatment. “893a. Art. 93a. Prohibited activities with military recruit or trainee by person in position of special trust. “894. Art. 94. Mutiny or sedition. “895. Art. 95. Offenses by sentinel or lookout. “895a. Art. 95a. Disrespect toward sentinel or lookout. “896. Art. 96. Release of prisoner without authority; drinking with prisoner. “897. Art. 97. Unlawful detention. “898. Art. 98. Misconduct as prisoner. “899. Art. 99. Misbehavior before the enemy. “900. Art. 100. Subordinate compelling surrender. “901. Art. 101. Improper use of countersign. “902. Art. 102. Forcing a safeguard. “903. Art. 103. Spies. “903a. Art. 103a. Espionage. “903b. Art. 103b. Aiding the enemy. “904. Art. 104. Public records offenses. “904a. Art. 104a. Fraudulent enlistment, appointment, or separation. “904b. Art. 104b. Unlawful enlistment, appointment, or separation. “905. Art. 105. Forgery. “905a. Art. 105a. False or unauthorized pass offenses. “906. Art. 106. Impersonation of officer, noncommissioned or petty officer, or agent or official. “906a. Art. 106a. Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button. “907. Art. 107. False official statements; false swearing. “907a. Art. 107a. Parole violation. “908. Art. 108. Military property of the United States—Loss damage, destruction, or wrongful disposition. “908a. Art. 108a. Captured or abandoned property. “909. Art. 109. Property other than military property of the United States—Waste, spoilage, or destruction. “909a. Art. 109a. Mail matter: wrongful taking, opening, etc.. “910. Art. 110. Improper hazarding of vessel or aircraft. “911. Art. 111. Leaving scene of vehicle accident. “912. Art. 112. Drunkenness and other incapacitation offenses. “912a. Art. 112a. Wrongful use, possession, etc., of controlled substances. “913. Art. 113. Drunken or reckless operation of a vehicle, aircraft, or vessel. “914. Art. 114. Endangerment offenses. “915. Art. 115. Communicating threats. “916. Art. 116. Riot or breach of peace. “917. Art. 117. Provoking speeches or gestures. “918. Art. 118. Murder. “919. Art. 119. Manslaughter. “919a. Art. 119a. Death or injury of an unborn child. “919b. Art. 119b. Child endangerment. “920. Art. 120. Rape and sexual assault generally. “920a. Art. 120a. Mails: deposit of obscene matter. “920b. Art. 120b. Rape and sexual assault of a child. “920c. Art. 120c. Other sexual misconduct. “921. Art. 121. Larceny and wrongful appropriation. “921a. Art. 121a. Fraudulent use of credit cards, debit cards, and other access devices. “921b. Art. 121b. False pretenses to obtain services. “922. Art. 122. Robbery. “922a. Art. 122a. Receiving stolen property. “923. Art. 123. Offenses concerning Government computers. “923a. Art. 123a. Making, drawing, or uttering check, draft, or order without sufficient funds. “924. Art. 124. Frauds against the United States. “924a. Art. 124a. Bribery. “924b. Art. 124b. Graft. “925. Art. 125. Kidnapping. “926. Art. 126. Arson; burning property with intent to defraud. “927. Art. 127. Extortion. “928. Art. 128. Assault. “928a. Art 128a. Maiming. “929. Art. 129. Burglary; unlawful entry. “930. Art. 130. Stalking. “931. Art. 131. Perjury. “931a. Art. 131a. Subornation of perjury. “931b. Art. 131b. Obstructing justice. “931c. Art. 131c. Misprision of serious offense. “931d. Art. 131d. Wrongful refusal to testify. “931e. Art. 131e. Prevention of authorized seizure of property. “931f. Art. 131f. Noncompliance with procedural rules. “931g. Art. 131g. Wrongful interference with adverse administrative proceeding. “932. Art. 132. Retaliation. “933. Art. 133. Conduct unbecoming an officer and a gentleman. “934. Art. 134. General article.”.

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

3. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5401(11) · 130 Stat. 2000

   Changed · 10 U.S.C. § 930

   Pub. L. 114–328, § 5401(11), renumbered section 920a of this title as this section

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 114–328, § 5401(11), renumbered section 920a of this title as this section.

   Enacted provision · exact public law section
   (11) Stalking.— Section 920a (article 120a) is transferred so as to appear after section 929a (article 129a), as redesignated by paragraph (10), and is redesignated as section 930 (article 130).

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

4. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 531(d)(2)(A) · 137 Stat. 136

   Substituted · 10 U.S.C. § 930(a)

   Pub. L. 118–31, § 531(d)(2)(A), substituted “to his or her intimate partner, or to his or her dating partner” for “or to his or her intimate partner” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 118–31, § 531(d)(2)(A), substituted “to his or her intimate partner, or to his or her dating partner” for “or to his or her intimate partner” wherever appearing.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “or to his or her intimate partner” each place it appears and inserting “to his or her intimate partner, or to his or her dating partner”; and

5. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 531(d)(2)(B) · 137 Stat. 136

   1. Added · 10 U.S.C. § 930(b)(3)(6)

      Pub. L. 118–31, § 531(d)(2)(B), added par. (3)

   2. Redesignated · 10 U.S.C. § 930(b)(3)(6)

      Pub. L. 118–31, § 531(d)(2)(B), redesignated former pars. (3) to (5) as (4) to (6), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(3) to (6). Pub. L. 118–31, § 531(d)(2)(B), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.

   Enacted provision · exact public law section
   (B) in subsection (b)— (i) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (ii) by inserting after paragraph (2) the following new paragraph: “(3) The term ‘dating partner’, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of— “(A) the length of the relationship; “(B) the type of relationship; “(C) the frequency of interaction between the persons involved in the relationship; and “(D) the extent of physical intimacy or sexual contact between the persons involved in the relationship.” .

5 of 6 references resolved to an enrolled provision · 1 partial