|Punitive Articles of the UCMJ|
|Article 134 - (Indecent acts or liberties with a child)|
Note: Offenses under this article committed on or after October 1, 2007 will be charged under the new Article 120.
See Paragraph 60.
Elements.(1) Physical contact.
(e) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
(2) No physical contact.
(1) Consent. Lack of consent by the child to the act or conduct is not essential to this offense; consent is not a defense.
(2) Indecent liberties. When a person is charged with taking indecent liberties, the liberties must be taken in the physical presence of the child, but physical contact is not required. Thus, one who with the requisite intent exposes one's private parts to a child under 16 years of age may be found guilty of this offense. An indecent liberty may consist of communication of indecent language as long as the communication is made in the physical presence of the child.
Lesser included offenses.
(1) Article 134-indecent acts with another
(2) Article 128-assault; assault consummated by a battery
(3) Article 80-attempts
Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 7 years.
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Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 87