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Punitive Articles of the UCMJ

Article 120, Rape, sexual assault, and other sexual misconduct. (Page 3)

By

Upon a person substantially incapacitated or substantially incapable of appraising the act, declining participation, or communicating unwillingness:

Aggravated sexual contact with a child who has not attained the age of 12 years

    (i) That the accused engaged in sexual contact with a child; or

    (ii) That the accused caused sexual contact with or by a child or by another person with a child; and

    (iii) That at the time of the sexual contact the child had not attained the age of twelve years.

Aggravated sexual contact with a child who has attained the age of 12 years but has not attained the age of 16 years

By using force:

    (i) That the accused engaged in sexual contact with a child; or

    (ii) That the accused caused sexual contact with or by a child or by another person with a child; and

    (iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and (iv) That the accused did so by using force against that child.

By causing grievous bodily harm:

    (i) That the accused engaged in sexual contact with a child; or

    (ii) That the accused caused sexual contact with or by a child or by another person with a child; and

    (iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and

    (iv) That the accused did so by causing grievous bodily harm to any person.

By using threats or placing in fear:

    (i) That the accused engaged in sexual contact with a child; or

    (ii) That the accused caused sexual contact with or by a child or by another person with a child; and

    (iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and

    (iv) That the accused did so by threatening or placing that child or that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping.

By rendering another or that child unconscious:

    (i) That the accused engaged in sexual contact with a child; or

    (ii) That the accused caused sexual contact with or by a child or by another person with a child; and

    (iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and

    (iv) That the accused did so by rendering that child or that other person unconscious.

By administration of drug, intoxicant, or other similar substance:

    (i) That the accused engaged in sexual contact with a child; or

    (ii) That the accused caused sexual contact with or by a child or by another person with a child; and

    (iii) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years; and

    (iv) (a) That the accused did so by administering to that child or that other person a drug, intoxicant, or other similar substance;

    (b) That the accused administered the drug, intoxicant, or other similar substance by force or threat of force or without the knowledge or permission of that child or that other person; and

    (c) That, as a result, that child's or that other person's ability to appraise or control conduct was substantially impaired.

Abusive sexual contact with a child

    (a) That the accused engaged in sexual contact with a child; or

    (b) That the accused caused sexual contact with or by a child or by another person with a child; and

    (c) That at the time of the sexual contact the child had attained the age of 12 years but had not attained the age of 16 years.

Indecent liberties with a child

    (a) That the accused committed a certain act or communication;

    (b) That the act or communication was indecent;

    (c) That the accused committed the act or communication in the physical presence of a certain child;

    (d) That the child was under 16 years of age; and

    (e) That the accused committed the act or communication with the intent to:

    (i) arouse, appeal to, or gratify the sexual desires of any person; or

    (ii) abuse, humiliate, or degrade any person.

Indecent act

    (a) That the accused engaged in certain conduct; and

    (b) That the conduct was indecent conduct.

Indecent exposure

    (a) That the accused exposed his or her genitalia, anus, buttocks, or female areola or nipple;

    (b) That the accused's exposure was in an indecent manner;

    (c) That the exposure occurred in a place where the conduct involved could reasonably be expected to be viewed by people other than the accused's family or household; and

    (d) That the exposure was intentional.

Aggravated sexual abuse of a child

    (a) That the accused engaged in a lewd act; and

    (b) That the act was committed with a child who has not attained the age of 16 years.

Forcible pandering

    (a) That the accused compelled a certain person to engage in an act of prostitution; and

    (b) That the accused directed another person to said person, who then engaged in an act of prostitution.

Note: If the act of prostitution was not compelled, but "the accused induced, enticed, or procured a certain person to engage in an act of sexual intercourse for hire and reward with a person to be directed to said person by the accused," see Article 134.

Above information derived from the Manual for Courts-Martial]

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