RAPE OF A CHILD.—Any person subject to this chapter who—

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

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

using force against any person;

threatening or placing that child in fear;

rendering that child unconscious; or

administering to that child a drug, intoxicant, or other similar substance; is guilty of rape of a child and shall be punished as a court-martial may direct.

SEXUAL ASSAULT OF A CHILD.—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.

SEXUAL ABUSE OF A CHILD.—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.

AGE OF CHILD.—

UNDER 12 YEARS.—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.

UNDER 16 YEARS.—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.

PROOF OF THREAT.—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.

CONSENT.—Lack of consent is not an element and need not be proven in any prosecution under this section. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force.

DEFINITIONS.—In this section:

SEXUAL ACT AND SEXUAL CONTACT.—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.

FORCE.—The term “force” means—

the use of a weapon;

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

inflicting physical harm. In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force.

THREATENING OR PLACING THAT CHILD IN FEAR.—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.

CHILD.—The term “child” means any person who has not attained the age of 16 years.

LEWD ACT.—The term “lewd act” means—

any sexual contact with a child;

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;

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

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.

That the accused committed a sexual act upon a child; and

That at the time of the sexual act the child had not attained the age of 12 years.

That the accused committed a sexual act upon a child;

That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and

That the accused did so by using force against that child or any other person.

That the accused committed a sexual act upon a child;

That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and

That the accused did so by threatening the child or another person or placing that child in fear.

That the accused committed a sexual act upon a child;

That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and

That the accused did so by rendering that child unconscious.

That the accused committed a sexual act upon a child;

That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and

That the accused did so by administering to that child a drug, intoxicant, or other similar substance.

That the accused committed a sexual act upon a child; and

That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years.

That the accused committed a lewd act upon a child.

Sexual offenses have been separated into three statutes: offenses against adults (120), offenses against children (120b), and other offenses (120c).

Terms not defined in this paragraph are defined in subparagraph 60.a.(g), supra, 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.

Forfeiture of all pay and allowances, and confinement for life without eligibility for parole. Mandatory minimum—Dismissal or dishonorable discharge.

Forfeiture of all pay and allowances, and confinement for 30 years. Mandatory minimum—Dismissal or dishonorable discharge.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

In that _________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about________ 20__, commit a sexual act upon ________________, a child who had not attained the age of 12 years, by [penetrating ___________’s (vulva) (anus) (mouth) with __________’s penis] [causing contact between _______’s mouth and ________’s (penis) (vulva) (scrotum) (anus)] [penetrating _______’s (vulva) (penis) (anus) with (______’s body part) (an object) to wit:______, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________ ]] [intentionally touching, not through the clothing, the genitalia of _________, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]].

In that ___________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, commit a sexual act upon __________, a child who had attained the age of 12 years but had not attained the age of 16 years, by [penetrating ___________’s (vulva) (anus) (mouth) with __________’s penis] [causing contact between _______’s mouth and ________’s (penis) (vulva) (scrotum) (anus)] [penetrating _______’s (vulva) (penis) (anus) with (______’s body part) (an object) to wit:______, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]] [intentionally touching, not through the clothing, the genitalia of _________, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]], by using force against ________, to wit: ______________.

In that ________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about ______ 20__, commit a sexual act upon __________, a child who had attained the age of 12 years but had not attained the age of 16 years, by [penetrating ___________’s (vulva) (anus) (mouth) with __________’s penis] [causing contact between _______’s mouth and ________’s (penis) (vulva) (scrotum) (anus)] [penetrating _______’s (vulva) (penis) (anus) with (______’s body part) (an object) to wit:______, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]] [intentionally touching, not through the clothing, the genitalia of _________, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]], by (threatening ______) (placing _______ in fear).

In that __________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20__, commit a sexual act upon ________, a child who had attained the age of 12 years but had not attained the age of 16 years, by [penetrating ___________’s (vulva) (anus) (mouth) with __________’s penis] [causing contact between _______’s mouth and ________’s (penis) (vulva) (scrotum) (anus)] [penetrating _______’s (vulva) (penis) (anus) with (______’s body part) (an object) to wit:______, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]] [intentionally touching, not through the clothing, the genitalia of _________, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]], by rendering __________ unconscious by ___________________.

In that ___________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about ______ 20__, commit a sexual act upon __________, a child who had attained the age of 12 years but had not attained the age of 16 years, by [penetrating ___________’s (vulva) (anus) (mouth) with __________’s penis] [causing contact between _______’s mouth and ________’s (penis) (vulva) (scrotum) (anus)] [penetrating _______’s (vulva) (penis) (anus) with (______’s body part) (an object) to wit:______, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________ ]] [intentionally touching, not through the clothing, the genitalia of _________, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]], by administering to ____________ a (drug) (intoxicant) (____), to wit: _____________.

In that __________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20__, commit a sexual act upon _______, a child who had attained the age of 12 years but had not attained the age of 16 years, by [penetrating ___________’s (vulva) (anus) (mouth) with __________’s penis] [causing contact between _______’s mouth and ________’s (penis) (vulva) (scrotum) (anus)] [penetrating _______’s (vulva) (penis) (anus) with (______’s body part) (an object) to wit:______, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]] [intentionally touching, not through the clothing, the genitalia of _________, with an intent to [(abuse) (humiliate) (harass) (degrade) _______] [(arouse) (gratify) the sexual desire of _________]].

In that _________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about ______ 20__, commit a lewd act upon __________, a child who had not attained the age of 16 years, by (touching) (causing _____ to touch) the (vulva) (penis) (scrotum) (anus) (groin) (breast) (inner thigh) (buttocks) of________, with [(______’s body part) (an object) to wit: _______], with an intent to [(abuse) (humiliate) (harass) (degrade) __________ ] [(arouse) (gratify) the sexual desire of __________].

In that _________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about ____ 20__, commit a lewd act upon _______, a child who had not attained the age of 16 years, by intentionally exposing [his (genitalia) (anus) (buttocks)] [her (genitalia) (anus) (buttocks) (areola) (nipple)] to __________, with an intent to [(abuse) (humiliate) (degrade) ______] [(arouse) (gratify) the sexual desire of __________].

In that ________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, commit a lewd act upon __________, a child who had not attained the age of 16 years, by intentionally communicating to ________ indecent language to wit: ___________, with an intent to [(abuse) (humiliate) (degrade)_____] [(arouse) (gratify) the sexual desire of _________].

In that ________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, commit a lewd act upon __________, a child who had not attained the age of 16 years, by engaging in indecent conduct, to wit: _________, intentionally done (with) (in the presence of) _______, which conduct amounted 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.