§920b — Title 10 Armed Forces | U.S. Code

Summary

People covered by this law must not engage in sexual activity with children. If someone has sex with a child under 12, it is a crime. If someone has sex with a child who is 12 or older by using force, threats, making the child unconscious, or giving the child drugs or alcohol, that is sexual assault of a child and is punished by a military court. Doing a lewd act with a child is sexual abuse of a child and is also punishable by a military court. You do not have to know the child’s age for these crimes. Saying you thought the child was 12 is not a defense. If the child was at least 12, the accused can try to prove they reasonably believed the child was 16; they must show this is more likely true than not. A threat does not have to be real or actually planned. Whether the child agreed does not matter — a child cannot legally agree to sexual activity. Definitions: "sexual act/contact" are defined elsewhere but include certain touching; "force" means a weapon, enough physical strength to overpower or hurt, or causing physical harm; "threatening or placing in fear" means words or actions that would make a child afraid of the consequences; "child" means anyone under 16; "lewd act" covers sexual contact, intentional exposure, indecent messages, or grossly obscene conduct toward a child.

Title 10, §920b

Armed Forces — Source: USLM XML via OLRC

(a)Any person subject to this chapter who—

(1)commits a sexual act upon a child who has not attained the age of 12 years; or

(2)commits a sexual act upon a child who has attained the age of 12 years by—

(A)using force against any person;

(B)threatening or placing that child in fear;

(C)rendering that child unconscious; or

(D)administering to that child a drug, intoxicant, or other similar substance;

(b)Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.

(c)Any person subject to this chapter who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct.

(d)(1)In a prosecution under this section, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years.

(2)In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.

(e)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.

(f)Lack of consent is not an element and need not be proven in any prosecution under this section. A child cannot consent to any sexual act, lewd act, or use of force.

(g)In this section:

(1)The terms “sexual act” and “sexual contact” have the meanings given those terms in section 920(g) of this title (article 120(g)), except that the term “sexual act” also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(2)The term “force” means—

(A)the use of a weapon;

(B)the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a child; or

(C)inflicting physical harm.

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

(4)The term “child” means any person who has not attained the age of 16 years.

(5)The term “lewd act” means—

(A)any sexual contact with a child;

(B)intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person;

(C)intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or

(D)any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (f). Pub. L. 118–159 redesignated subsec. (g) as (f), struck out “not legally married to the person committing the sexual act, lewd act, or use of force” before “cannot consent to any sexual act”, and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “In a prosecution under subsection (b) (sexual assault of a child) or subsection (c) (sexual abuse of a child), it is a defense, which the accused must prove by a preponderance of the evidence, that the persons engaging in the sexual act or lewd act were at that time married to each other, except where the accused commits a sexual act upon the person when the accused knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring or when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition was known or reasonably should have been known by the accused.” Subsecs. (g), (h). Pub. L. 118–159, § 565(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). 2016—Subsec. (h)(1). Pub. L. 114–328 inserted before period at end “, except that the term ‘sexual act’ also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person”. 2013—Pub. L. 112–239 made technical amendment to directory language of Pub. L. 112–81, which enacted this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment 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.

Effective Date

of 2013 Amendment Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(3) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

Effective Date

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 an

Effective Date

of 2011 Amendment note under section 843 of this title.

§920b Art. 120b. Rape and sexual assault of a child

Summary

Title 10, §920b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata