Revision history
MARRIAGE.—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. (deleted)
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2026-07-14 10:46 · admin
SEC. 565. REMOVAL OF MARRIAGE AS A DEFENSE TO ARTICLE 120B
OFFENSES.
Section 920b of title 10, United States Code (article 120b of the Uniform Code of Military
Justice), is amended—
(1) by striking subsection (f);
(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and
(3) in subsection (f), as redesignated by paragraph (2), by striking “not legally married to
the person committing the sexual act, lewd act, or use of force”.
62.a.(f)
MARRIAGE.—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.