10 U.S. Code § 920 - Art. 120. Rape and sexual assault generally

administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;

when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or

(3) commits a sexual act upon another person when the other person is incapable of consenting to the (A)

impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or

a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;

Any person subject to this chapter who commits or causes sexual act, is guilty of aggravated (d) Abusive Sexual Contact.—

Any person subject to this chapter who commits or causes sexual act, is guilty of abusive (e) Proof of Threat.—

In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.

An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.

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.

The term “grievous bodily harm” means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose.

the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or

The term “threatening or placing that other person in fear” means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.

The term “consent” means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance does not constitute consent. Submission resulting from the use ofconsent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent.

A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot (C)

physically incapable of declining participation in, or communicating unwillingess to engage in, the sexual act at issue.

Historical and Revision Notes

Source (Statutes at Large)

In subsection (c), the words “either of” are inserted for clarity.

2017—Subsec. (g)(2). Pub. L. 115–91 substituted “breast” for “brest”.

2016—Subsec. (b)(1)(B) to (D). Pub. L. 114–328, § 5430(a)(1), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: “causing bodily harm to that other person;”.

Subsec. (b)(2). Pub. L. 114–328, § 5430(a)(2), inserted dash after “another person”, added subpar. (A), and inserted subpar. (B) designation before “when the person”.

Subsec. (g)(1). Pub. L. 114–328, § 5430(b)(1), amended par. (1) generally. Prior to amendment, par. (1) defined Pub. L. 114–328, § 5430(b)(2), amended par. (2) generally. Prior to amendment, par. (2) defined Pub. L. 114–328, § 5430(b)(3), redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which defined “bodily harm”.

Subsec. (g)(7). Pub. L. 114–328, § 5430(b)(3)(B), redesignated par. (8) as (7). Former par. (7) redesignated (6).

Subsec. (g)(7)(A). Pub. L. 114–328, § 5430(b)(4)(A)(iii), substituted “does not” for “shall not” in last sentence.

Pub. L. 114–328, § 5430(b)(4)(A)(i), (ii), which directed amendment of subpar. (A) by striking out “or submission resulting from the use ofCongress .

Subsec. (g)(7)(B). Pub. L. 114–328, § 5430(b)(4)(B), which directed substitution of “subparagraph (B) or (C)” for “subparagraph (B) or (D)”, was executed by making the substitution for “subparagraph (C) or (D)”, to reflect the probable intent of Congress .

Subsec. (g)(7)(C). Pub. L. 114–328, § 5430(b)(4)(C), struck out “Lack ofPub. L. 114–328, § 5430(b)(5), added par. (8). Former par. (8) redesignated (7).

2013—Subsec. (g)(7). Pub. L. 112–239 struck out second period at end.

2011—Pub. L. 112–81, § 541(a)(11), substituted “Art. 120. Rape and sexual assault generally” for “Art. 120. Rape, sexual assault, and other sexual misconduct” in section catchline.

Subsec. (a). Pub. L. 112–81, § 541(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to rape.

Subsec. (b). Pub. L. 112–81, § 541(a)(3), redesignated subsec. (c) as (b) and amended it generally. Pub. L. 112–81, § 541(a)(2), struck out subsec. (b) which related to rape of a child.

Subsec. (c). Pub. L. 112–81, § 541(a)(4), redesignated subsec. (e) as (c) and substituted “commits” for “engages in” and “upon” for “with”. Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 112–81, § 541(a)(5), redesignated subsec. (h) as (d) and substituted “commits” for “engages in”, “upon” for “with”, and “subsection (b) (sexual assault)” for “subsection (c) (aggravated sexual assault)”.

Pub. L. 112–81, § 541(a)(2), struck out subsec. (d) which related to aggravated sexual assault of a child.

Subsec. (e). Pub. L. 112–81, § 541(a)(7), redesignated subsec. (p) as (e) and substituted “a person made” for “the accused made” and “the person actually” for “the accused actually” and inserted “or had the ability to carry out the threat” before period at end. Former subsec. (e) redesignated (c).

Subsec. (f). Pub. L. 112–81, § 541(a)(8), redesignated subsec. (q) as (f) and amended it generally.

Pub. L. 112–81, § 541(a)(2), struck out subsec. (f) which related to aggravated sexual abuse of a child.

Subsec. (g). Pub. L. 112–81, § 541(a)(2), (10), redesignated subsec. (t) as (g) and struck out former subsec. (g) which related to aggravatedPub. L. 112–81, § 541(a)(10)(A)(i), inserted “or anus or mouth” after “vulva”.

Subsec. (g)(1)(B). Pub. L. 112–81, § 541(a)(10)(A)(ii), substituted “vulva or anus or mouth,” for “genital opening” and “any part of the body” for “a hand or finger”.

Subsec. (g)(2). Pub. L. 112–81, § 541(a)(10)(B), amended par. (2) generally. Prior to amendment, par. (2) defined Pub. L. 112–81, § 541(a)(10)(D), redesignated par. (8) as (3) and inserted “, including any nonconsensualPub. L. 112–81, § 541(a)(10)(E), struck out at end “It does not include minor injuries such as a black eye or a bloody nose. It is the same level of injury as in section 928 (article 128) of this chapter, and a lesser degree of injury than in section 2246(4) of title 18.”

Pub. L. 112–81, § 541(a)(10)(C), redesignated par. (3) as (4) and struck out former par. (4) which defined “dangerous weapon or object”.

Subsec. (g)(5). Pub. L. 112–81, § 541(a)(10)(F), (H), added par. (5) and struck out former par. (5) which defined Pub. L. 112–81, § 541(a)(10)(H), added par. (6). Former par. (6) redesignated (7).

Subsec. (g)(7). Pub. L. 112–81, § 541(a)(10)(G), (I), redesignated par. (6) as (7), struck out “under paragraph (3) of subsection (a) (rape), or under subsection (e) (aggravatedPub. L. 112–81, § 541(a)(10)(F), struck out par. (7) which defined Pub. L. 112–81, § 541(a)(10)(K), redesignated par. (14) as (8), designated introductory provisions as subpar. (A), in first sentence, struck out “words or overt acts indicating” before “a freely given” and “sexual” before “conduct”, in third sentence, struck out “accused’s” before “use ofPub. L. 112–81, § 541(a)(10)(J), struck out pars. (9) to (13) which defined “child”, “lewd act”, “indecent liberty”, “indecent conduct”, and “act of prostitution”, respectively.

Subsec. (g)(15), (16). Pub. L. 112–81, § 541(a)(10)(L), struck out pars. (15) and (16) which defined “mistake of fact as toPub. L. 112–81, § 541(a)(5), redesignated subsec. (h) as (d).

Subsecs. (i), (j). Pub. L. 112–81, § 541(a)(2), struck out subsecs. (i) and (j) which related to abusivePub. L. 112–81, § 541(a)(6), struck out subsecs. (k) to (n) which related to indecent act, forcible pandering, wrongfulSubsec. (o). Pub. L. 112–81, § 541(a)(2), struck out subsec. (o) which related to age of child.

Subsec. (p). Pub. L. 112–81, § 541(a)(7), redesignated subsec. (p) as (e).

Subsec. (q). Pub. L. 112–81, § 541(a)(8), redesignated subsec. (q) as (f).

Subsecs. (r), (s). Pub. L. 112–81, § 541(a)(9), struck out subsecs. (r) and (s) which related toPub. L. 112–81, § 541(a)(10), redesignated subsec. (t) as (g).

2006—Pub. L. 109–163 amended section generally, substituting subsecs. (a) to (t) relating to rape, sexual assault, and other sexual misconduct for subsecs. (a) to (d) relating to rape and carnal knowledge.

1996—Subsec. (b). Pub. L. 104–106, § 1113(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”

1992—Subsec. (a). Pub. L. 102–484 struck out “with a female not his wife” after “intercourse” and “her” after “without”.

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

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.

Amendment by Pub. L. 112–81 effective 180 days after Dec. 31, 2011 , and applicable with respect to offenses committed on or after such effective date, see section 541(f) of Pub. L. 112–81, set out as a note under section 843 of this title.

“Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by subsection (a), shall apply with respect to offenses committed on or after the effective date specified in subsection (f) [see note below].”

Amendment by Pub. L. 109–163 effective on Oct. 1, 2007 , see section 552(f) of Pub. L. 109–163, set out as a note under section 843 of this title.

Amendment by Pub. L. 102–484 effective Oct. 23, 1992 , and applicable with respect to offenses committed on or after that date, see section 1067 of Pub. L. 102–484, set out as a note under section 803 of this title.

“Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military Justice), as amended by subsection (a), may not exceed the following limits:

For an offense under subsection (a) (rape) or subsection (b) (rape of a child), death or such other punishment as a court-martial may direct.

For an offense under subsection (c) (aggravated sexual assault), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years.

For an offense under subsection (d) (aggravated sexual assault of a child) or subsection (e) (aggravated “(4) Subsections (f) and (g).—

For an offense under subsection (f) (aggravated sexual abuse of a child) or subsection (g) (aggravated “(5) Subsections (h) through (j).—

For an offense under subsection (k) (indecent act) or subsection (l) (forcible pandering), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

For an offense under subsection (m) (wrongful section 920 of title 10 by Pub. L. 112–81, effective 180 days after Dec. 31, 2011 , and applicable with respect to offenses committed on or after such effective date.]