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Note: Offenses under this article committed on or after October 1, 2007 will be charged under the new Article 120.

Text:

See Paragraph 60.

Elements.

(1) That the accused assaulted a certain person not the spouse of the accused in a certain manner;

(2) That the acts were done with the intent to gratify the lust or sexual desires of the accused; and

(3) 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.

Explanation. See paragraph 54c for a discussion of assault. Specific intent is an element of this offense. For a definition of "indecent", see paragraph 90c.

Lesser included offenses.

(1) Article 128-assault consummated by a battery; assault

(2) Article 134-indecent acts

(3) Article 80-attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Next Article > Article 134-(Assault-with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking) >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 63