§920 Art. 120. Rape and sexual assault generally

Revised sectionSource (U.S. Code)Source (Statutes at Large) 920(a)920(b)920(c)50:714(a).50:714(b).50:714(c).May 5, 1950, ch. 169, § 1 (Art. 120), 64 Stat. 140. 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 “sexual act”. Subsec. (g)(2). Pub. L. 114–328, § 5430(b)(2), amended par. (2) generally. Prior to amendment, par. (2) defined “sexual contact”. Subsec. (g)(3) to (6). 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 of force, threat of force, or placing another in fear” in the second sentence and by inserting “Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent.” after the second sentence, was executed by striking out “or submission resulting from the use of force, threat of force, or placing another person in fear” after “physical resistance” in the third sentence and by making the insertion after the third sentence, to reflect the probable intent of Congress. 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 of consent may be inferred based on the circumstances of the offense.” at beginning and “, or whether a person did not resist or ceased to resist only because of another person’s actions” before period at end. Subsec. (g)(8). Pub. 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 aggravated sexual contact with a child. Subsec. (g)(1)(A). Pub. 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 “sexual contact”. Subsec. (g)(3). Pub. L. 112–81, § 541(a)(10)(D), redesignated par. (8) as (3) and inserted “, including any nonconsensual sexual act or nonconsensual sexual contact” before period at end. Former par. (3) redesignated (4). Subsec. (g)(4). Pub. 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 “force”. Subsec. (g)(6). 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) (aggravated sexual contact),” after “person in fear’ ”, and substituted “the wrongful action contemplated by the communication or action.” for “death, grievous bodily harm, or kidnapping”. Pub. L. 112–81, § 541(a)(10)(F), struck out par. (7) which defined “threatening or placing that other person in fear”. Subsec. (g)(8). 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 of force”, in fourth sentence, inserted “or social or sexual” before “relationship” and struck out “sexual” before “conduct” and last sentence, including subpars. (A) and (B), which related to a person who cannot consent to sexual activity, and added subpars. (B) and (C). Former par. (8) redesignated (3). Subsec. (g)(9) to (13). Pub. 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)(14). Pub. L. 112–81, § 541(a)(10)(K), redesignated par. (14) as (8). Subsec. (g)(15), (16). Pub. L. 112–81, § 541(a)(10)(L), struck out pars. (15) and (16) which defined “mistake of fact as to consent” and “affirmative defense”, respectively. Subsec. (h). Pub. 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 abusive sexual contact with a child and indecent liberty with a child, respectively. Subsecs. (k) to (n). Pub. L. 112–81, § 541(a)(6), struck out subsecs. (k) to (n) which related to indecent act, forcible pandering, wrongful sexual contact, and indecent exposure, respectively. Subsec. (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 to consent and mistake of fact as to consent and other affirmative defenses not precluded, respectively. Subsec. (t). Pub. 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.” Subsec. (d). Pub. L. 104–106, § 1113(b), added subsec. (d). 1992—Subsec. (a). Pub. L. 102–484 struck out “with a female not his wife” after “intercourse” and “her” after “without”.

of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the

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.

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

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.

of 2011 AmendmentAmendment by Pub. L. 112–81 effective 180 days after Dec. 31, 2011, and applicable with respect to offenses committed on or after such

, see section 541(f) of Pub. L. 112–81, set out as a note under section 843 of this title.

of 2006 Amendment Pub. L. 109–163, div. A, title V, § 552(c), Jan. 6, 2006, 119 Stat. 3263, provided that: “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

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.

of 1992 AmendmentAmendment 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. Interim Maximum Punishments Pub. L. 109–163, div. A, title V, § 552(b), Jan. 6, 2006, 119 Stat. 3263, provided that: “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: “(1) Subsections (a) and (b).—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. “(2) Subsection (c).—For an offense under subsection (c) (aggravated sexual assault), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years. “(3) Subsections (d) and (e).—For an offense under subsection (d) (aggravated sexual assault of a child) or subsection (e) (aggravated sexual contact), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. “(4) Subsections (f) and (g).—For an offense under subsection (f) (aggravated sexual abuse of a child) or subsection (g) (aggravated sexual contact with a child), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years. “(5) Subsections (h) through (j).—For an offense under subsection (h) (abusive sexual contact), subsection (i) (abusive sexual contact with a child), or subsection (j) (indecent liberty with a child), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 7 years. “(6) Subsections (k) and (l).—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. “(7) Subsections (m) and (n).—For an offense under subsection (m) (wrongful sexual contact) or subsection (n) (indecent exposure), dishonorable discharge, forfeiture of all pay and allowances, and confinement for one year.” [See 2011 Amendment notes above for extensive amendment of 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

.]