CAAF Opinion Digest · III.A.45.13 · Crimes Pre-2019 offenses

Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct

At the court
Offenses committed before 1 January 2019 (pre-2016 amendment) — opinions from the 1999 through 2020 Terms of Court. For offenses on or after 1 January 2019 see III.AA — Article 120 - Rape and Sexual Assault Generally.

** post-2007 Amendment

1 digested opinion, 2010–2010 Terms

(m) Wrongful Sexual Contact

2010 (September Term)
United States v. Bonner, 70 M.J. 1 · decided Apr 14, 2011 · No. 10-0567/AF
  1. assault consummated by a battery, under Article 128, UCMJ, is an LIO of wrongful sexual contact, Article 120(m), UCMJ
  2. the offense of wrongful sexual contact occurs when any person, without legal justification or lawful authorization, engages in sexual contact with another person without that other person’s permission; in the MCM, the President has defined the elements for wrongful sexual contact as follows: (a) that the accused had sexual contact with another person; (b) that the accused did so without that other person’s permission; and (c) that the accused had no legal justification or lawful authorization for that sexual contact
  3. with respect to the meaning of the three elements of wrongful sexual contact, the UCMJ defines sexual contact, in relevant part, as intentionally causing another person to touch the genitalia of any person, with an intent to abuse, humiliate, or degrade any person or to arouse or gratify the sexual desire of any person; second, the statute requires the contact to be without permission, and third, the final element requires that the sexual contact was wrongful, in that no legally cognizable reason existed that would excuse or justify the contact
  4. assault consummated by a battery is an LIO of wrongful sexual contact where both offenses require wrongful contact; furthermore, in this case, because appellant was charged with wrongful sexual contact by tapping the victim on the head with his exposed penis, he knew that he had to defend against having caused the victim to make contact with his genitalia without the victim’s permission and with the intent of abusing, humiliating, or degrading the victim; such contact would, at a minimum, be offensive given the ordinary understanding of what it means for contact to be offensive; in fact, in this case, one could transplant the essential facts from the wrongful sexual contact specification, without alteration, into a legally sufficient specification for assault consummated by a battery under Article 128, UCMJ
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIA45.13 · Always confirm a holding against the opinion itself (linked from each case name).

A. Crimes
Pre-2019 offenses
Generally (4) Article 77 - Principals (8) Article 79 - Conviction of Lesser Included Offenses (11) Article 80 - Attempts (15) Article 81 - Conspiracy (14) Article 83 - Fraudulent Enlistment, Appointment, or Separation (2) Article 85 - Desertion (1) Article 86 - Absence without Leave (5) Article 87 -- Missing Movement (1) Article 89 - Disrespect Toward a Superior Commissioned Officer (1) Article 90 - Assaulting or Willfully Disobeying Superior Commissioned Officer (6) Article 91 - Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer (2) Article 92 - Failure to Obey Order or Regulation (21) Article 93 - Cruelty and Maltreatment (9) Article 95 - Resistance, Flight, Breach of Arrest, and Escape (6) Article 104 - Aiding the Enemy (1) Article 107 - False Official Statements (10) Article 108 - Military Property of the U.S.-Sale, Loss, Damage, Destruction, or Wrongful Disposition (2) Article 110 - Improper Hazarding of Vessel (1) Article 111 - Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel (1) Art. 112a -- Wrongful Use, Possession, etc, of Controlled Substances (17) Article 117 - Provoking Speeches or Gestures (2) Article 118 - Murder (9) Article 119 - Manslaughter (7) Article 120 - Rape and Carnal Knowledge (13) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (3) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (6) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120b - Rape and Sexual Assault Generally (3) Article 120 - Rape and Sexual Assault Generally (2) Article 120 - Rape and Sexual Assault Generally (6) Article 120 - Rape and Sexual Assault Generally (4) Article 120a - Stalking (1) Article 120b - Rape and Sexual Assault of a Child (2) Article 120b - Rape and Sexual Assault of a Child (3) Article 120c - Other Sexual Misconduct (2) Article 121 - Larceny and Wrongful Appropriation (15) Article 122 - Robbery (1) Article 123 - Forgery (2) Article 123a - Making, Drawing, or Uttering Check, Draft, or Order without Sufficient Funds (1) Article 125 - Sodomy (11) Article 127 - Extortion (1) Article 128 - Assault (18) Article 129 - Burglary (1) Article 130 - Housebreaking (5) Article 133 - Conduct Unbecoming an Officer and Gentleman (12) Article 134 - General Article (29) Article 134 - Adultery (4) Article 134 -- Assault, Indecent (5) Article 134 -- Bribery and Graft (2) Article 134 -- Check, Worthless, Making and Uttering -- by Dishonorably Failing to Maintain Funds (1) Article 134 -- Child Endangerment (para 68a, MCM) (3) Article 134 -- Child Pornography (para 68b, MCM, *** Post-2012 Amendment) (5) Article 134 -- Debt, Dishonorably Failing to Pay (1) Article 134 -- Disloyal Statements (1) Article 134 -- False Swearing (1) Article 134 -- Firearm, Discharging – Willfully under such Circumstancesas to Endanger Human Life (1) Article 134 -- Fraternization (1) Article 134 -- Gambling with Subordinate (1) Article 134 -- Negligent Homicide (3) Article 134 - Indecent Acts or Liberties with a Child (9) Article 134 - Indecent Exposure (3) Article 134 - Indecent Language (2) Article 134 -- Indecent Acts with Another (9) Article 134 -- Kidnapping (3) Article 134 -- Mail-Taking, Opening, Secreting, Destroying, or Stealing (1) Article 134 - Mails --Depositing or Causing to be Deposited Obscene Matters in (1) Article 134 - Misprision of Serious Offense (1) Art. 134 - Obstructing Justice (7) Art. 134 - Pandering and Prostitution (1) Article 134 -- Reckless Endangerment (para 100a, MCM) (2) Article 134 – Restriction, Breaking (1) Article 134 -- Self-injury without Intent to Avoid Service (para 103a, MCM) (1) Article 134 - Soliciting Another to Commit an Offense (4) Article 134 - Stolen Property-Knowingly Receiving, Buying, Concealing (1) Article 134 - Threat, Communicating (3) Article 134 - Unlawful Entry (1) Article 134 - Weapon, Concealed and Carrying (1) Art. 134 - Miscellaneous -- Clause 1, Clause 2, or Clause 3 (56)
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