See paragraph 91.

That the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;

That such conduct was unwelcome;

That, under the circumstances, such conduct:

Would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits, or entitlements;

Would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or

Was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and

That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Whether “other conduct” is “of a sexual nature” is dependent upon the circumstances of the act or acts alleged and may include conduct that, without context, would not appear to be sexual in nature.

“A certain person” extends to any person, regardless of gender or seniority, and regardless of whether subject to the UCMJ, who by some duty or military-related reason may work or associate with the accused.

The act constituting sexual harassment can occur at any location, regardless of whether the victim or accused is on or off duty at the time of the alleged act or acts. Physical proximity is not required, and the acts may be committed through online or other electronic means.

The accused must have actual knowledge that he or she is making a sexual advance or a demand or request for sexual favors, or engaging in other conduct of a sexual nature. Actual knowledge is not required for the other elements of the offense.

For purposes of the portions of the elements dealing with a certain person’s belief or perception, that belief or perception may be satisfied by such a belief or perception being formed at any time; the belief or perception need not be formed contemporaneously with the actions that gave rise to that belief or perception.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

In that __________ (personal jurisdiction data), did, (at/on board-location) (subject-matter jurisdiction data, if required), on or about _____ 20__, knowingly (make sexual advances) (demand or request sexual favors) (engage in conduct of a sexual nature), to wit (by saying to (him) (her), “__________,” or words to that effect) (by ___________); that such conduct was unwelcome; and under the circumstances (would cause a reasonable person to believe, and _________ did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits or entitlements) (would cause a reasonable person to believe, and _________ did believe, that submission to, or rejection of, such conduct would be used as a basis for career or employment decisions affecting _________) (was so severe, repetitive, or pervasive that a reasonable person would perceive, and _________ did perceive, an intimidating, hostile, or offensive working environment); and that such conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).