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Note: Effective October 1, 2007, Congress has made significant changes to Article 120 of the UCMJ. The new article is entitled, "Rape, sexual assault, and other sexual misconduct." Full details can be found in our article, "New Article 120." The new Article 120 is for offenses under the article committed on or after October 1, 2007. The below information is for offenses under Article 120 which occurred prior to this date.

(a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.

(b) 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.

(c) Penetration, however slight, is sufficient to complete either of these offenses.

Note: For specific details concerning this offense, including elements of proof, maximum punishments, and detailed explanation, see Punitive Articles of the UCMJ.

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