2001 U.S. Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER X - PUNITIVE ARTICLES
Sec. 920 - Art. 120. Rape and carnal knowledge
View Metadata§920. Art. 120. Rape and carnal knowledge
(a) Any person subject to this chapter who commits an act of sexual intercourse, 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 person—
(1) who is not that person's spouse; and
(2) 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.
(d)(1) In a prosecution under subsection (b), it is an affirmative defense that—
(A) the person with whom the accused committed the act of sexual intercourse had at the time of the alleged offense attained the age of twelve years; and
(B) the accused reasonably believed that that person had at the time of the alleged offense attained the age of sixteen years.
(2) The accused has the burden of proving a defense under paragraph (1) by a preponderance of the evidence.
(Aug. 10, 1956, ch. 1041, 70A Stat. 73; Pub. L. 102–484, div. A, title X, §1066(c), Oct. 23, 1992, 106 Stat. 2506; Pub. L. 104–106, div. A, title XI, §1113, Feb. 10, 1996, 110 Stat. 462.)
Historical and Revision Notes| Revised section | Source (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.
Amendments1996—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”.
Effective Date 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.
Section Referred to in Other SectionsThis section is referred to in sections 929, 937 of this title.
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