Summary of changes
Article 120b — Rape and sexual assault of a child
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
2 amended
0 added
1 removed
75 unchanged
3 authority-backed edits · recorded
2026-07-14 – 2026-07-14
Authorities behind these changes
- Public Law No. 118–159 (NDAA 2025) · Public Law, eff. 2024-12-23 · 3 changes
Showing changed provisions only.
Provisions
62.a.(f)
amended
text identical
Version history
Original text
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.
Current text
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.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-14 | Public Law No. 118–159 (NDAA 2025) (Public Law, eff. 2024-12-23) | 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”. | admin |
62.a.(g)
amended
text identical
Version history
Original text
DEFINITIONS.—In this section:
Current text
DEFINITIONS.—In this section:
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-14 | Public Law No. 118–159 (NDAA 2025) (Public Law, eff. 2024-12-23) | 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”. | admin |
Provisions removed since the original
62.a.(f)
removed since original
Version history
Original text
Not in the original text — this provision was added later.
Text when removed
No longer in the current text.
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.
All changes since the original (removed / added)
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.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v1 | 2026-07-14 | Public Law No. 118–159 (NDAA 2025) (Public Law, eff. 2024-12-23) | 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”. | admin |
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. |
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“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.