---
kind: "range"
citation: "10 U.S.C. §§ 920–920c"
title: "10"
from: "920"
to: "920c"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/10/920..920c"
---

# §920. Art. 120. Rape and sexual assault generally

- (a) **Rape.—** Any person subject to this chapter who commits a [sexual act](#g-1) upon another person by—
  - (1) using [unlawful force](#g-5) against that other person;
  - (2) using [force](#g-4) causing or likely to cause death or [grievous bodily harm](#g-3) to any person;
  - (3) [threatening or placing that other person in fear](#g-6) that any person will be subjected to death, [grievous bodily harm](#g-3), or kidnapping;
  - (4) first rendering that other person unconscious; or
  - (5) administering to that other person by [force](#g-4) or threat of [force](#g-4), or without the knowledge or [consent](#g-7-A) of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;

  is guilty of rape and shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.

- (b) **Sexual Assault.—** Any person subject to this chapter who—
  - (1) commits a [sexual act](#g-1) upon another person by—
    - (A) [threatening or placing that other person in fear](#g-6);
    - (B) making a fraudulent representation that the [sexual act](#g-1) serves a professional purpose; or
    - (C) inducing a belief by any artifice, pretense, or concealment that the person is another person;
  - (2) commits a [sexual act](#g-1) upon another person—
    - (A) without the [consent](#g-7-A) of the other person; or
    - (B) when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the [sexual act](#g-1) is occurring; or
  - (3) commits a [sexual act](#g-1) upon another person when the other person is [incapable of consenting](#g-8) to the [sexual act](#g-1) due to—
    - (A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
    - (B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;

  is guilty of [sexual assault](/usc/10/1564.md?p=c-5-A) and shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.

- (c) **Aggravated Sexual Contact.—** Any person subject to this chapter who commits or causes [sexual contact](#g-2) upon or by another person, if to do so would violate [subsection (a)](#a) (rape) had the [sexual contact](#g-2) been a [sexual act](#g-1), is guilty of aggravated [sexual contact](#g-2) and shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.
- (d) **Abusive Sexual Contact.—** Any person subject to this chapter who commits or causes [sexual contact](#g-2) upon or by another person, if to do so would violate [subsection (b)](#b) ([sexual assault](/usc/10/1564.md?p=c-5-A)) had the [sexual contact](#g-2) been a [sexual act](#g-1), is guilty of abusive [sexual contact](#g-2) and shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.
- (e) **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.
- (f) **Defenses.—** An accused may raise any applicable defenses available under this chapter or the Rules for [Court](/usc/10/704.md?p=c-3-A)-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.
- (g) **Definitions.—** In this section:
  - (1) **Sexual act.—** The term “sexual act” means—
    - (A) the penetration, however slight, of the penis into the vulva or anus or mouth;
    - (B) contact between the mouth and the penis, vulva, scrotum, or anus; or
    - (C) the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.
  - (2) **Sexual contact.—** The term “sexual contact” means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.
  - (3) **Grievous bodily harm.—** The term “grievous bodily harm” means serious bodily injury. It [includes](/usc/10/101.md?p=g-4) fractured or dislocated bones, deep cuts, torn [members](/usc/10/1408.md?p=a-5) of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose.
  - (4) **Force.—** The term “force” means—
    - (A) the use of a weapon;
    - (B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or
    - (C) inflicting physical harm sufficient to coerce or compel submission by the victim.
  - (5) **Unlawful force.—** The term “unlawful force” means an act of [force](#g-4) done without legal justification or excuse.
  - (6) **Threatening or placing that other person in fear.—** The term “threatening or placing that other person in fear” means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.
  - (7) **Consent.—**
    - (A) The term “consent” means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance does not constitute consent. Submission resulting from the use of [force](#g-4), threat of [force](#g-4), or placing another person in fear also does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent.
    - (B) A sleeping, unconscious, or incompetent person cannot [consent](#g-7-A). A person cannot [consent](#g-7-A) to [force](#g-4) causing or likely to cause death or [grievous bodily harm](#g-3) or to being rendered unconscious. A person cannot [consent](#g-7-A) while under threat or in fear or under the circumstances described in subparagraph [(B)](#b-1-B) or [(C)](#b-1-C) of subsection (b)(1).
    - (C) All the surrounding circumstances are to be considered in determining whether a person gave [consent](#g-7-A).
  - (8) **Incapable of consenting.—** The term “incapable of consenting” means the person is—
    - (A) incapable of appraising the nature of the conduct at issue; or
    - (B) physically incapable of declining participation in, or communicating unwillingess to engage in, the [sexual act](#g-1) at issue.

# §920a. Art. 120a. Mails: deposit of obscene matter


Any person subject to this chapter who, wrongfully and knowingly, deposits obscene matter for mailing and [delivery](/usc/10/8697.md?p=d-2) shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.


# §920b. Art. 120b. Rape and sexual assault of a child

- (a) **Rape of a Child.—** Any person subject to this chapter who—
  - (1) commits a [sexual act](#g-1) upon a [child](#g-4) who has not attained the age of 12 years; or
  - (2) commits a [sexual act](#g-1) upon a [child](#g-4) who has attained the age of 12 years by—
    - (A) using [force](#g-2) against any person;
    - (B) [threatening or placing that child in fear](#g-3);
    - (C) rendering that [child](#g-4) unconscious; or
    - (D) administering to that [child](#g-4) a drug, intoxicant, or other similar substance;

  is guilty of rape of a [child](#g-4) and shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.

- (b) **Sexual Assault of a Child.—** Any person subject to this chapter who commits a [sexual act](#g-1) upon a [child](#g-4) who has attained the age of 12 years is guilty of [sexual assault](/usc/10/1564.md?p=c-5-A) of a [child](#g-4) and shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.
- (c) **Sexual Abuse of a Child.—** Any person subject to this chapter who commits a [lewd act](#g-5) upon a [child](#g-4) is guilty of sexual abuse of a [child](#g-4) and shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.
- (d) **Age of Child.—**
  - (1) **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](#g-1) or [lewd act](#g-5). It is not a defense that the accused reasonably believed that the [child](#g-4) had attained the age of 12 years.
  - (2) **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](#g-1) or [lewd act](#g-5) had not attained the age of 16 years, but it is a defense in a prosecution under [subsection (b)](#b) ([sexual assault](/usc/10/1564.md?p=c-5-A) of a [child](#g-4)) or [subsection (c)](#c) (sexual abuse of a [child](#g-4)), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the [child](#g-4) had attained the age of 16 years, if the [child](#g-4) had in fact attained at least the age of 12 years.
- (e) **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.
- (f) **Consent.—** Lack of consent is not an element and need not be proven in any prosecution under this section. A [child](#g-4) cannot consent to any [sexual act](#g-1), [lewd act](#g-5), or use of [force](#g-2).
- (g) **Definitions.—** In this section:
  - (1) **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](/usc/10/920.md?p=g) (article 120(g)), except that the term “sexual act” also [includes](/usc/10/101.md?p=g-4) 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.
  - (2) **Force.—** The term “force” means—
    - (A) the use of a weapon;
    - (B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a [child](#g-4); or
    - (C) inflicting physical harm.

    In the case of a [parent](/usc/10/1482a.md?p=c-3)-[child](#g-4) or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force.

  - (3) **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](#g-4) to fear that non-compliance will result in the [child](#g-4) or another person being subjected to the action contemplated by the communication or action.
  - (4) **Child.—** The term “child” means any person who has not attained the age of 16 years.
  - (5) **Lewd act.—** The term “lewd act” means—
    - (A) any [sexual contact](#g-1) with a [child](#g-4);
    - (B) intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a [child](#g-4) 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;
    - (C) intentionally communicating indecent language to a [child](#g-4) 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
    - (D) any indecent conduct, intentionally done with or in the presence of a [child](#g-4), 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.

# §920c. Art. 120c. Other sexual misconduct

- (a) **Indecent Viewing, Visual Recording, or Broadcasting.—** Any person subject to this chapter who, without legal justification or lawful authorization—
  - (1) knowingly and wrongfully views the [private area](#d-2) of another person, without that other person’s consent and [under circumstances in which that other person has a reasonable expectation of privacy](#d-3);
  - (2) knowingly photographs, videotapes, films, or [records](/usc/10/801.md?p=14) by any means the [private area](#d-2) of another person, without that other person’s consent and [under circumstances in which that other person has a reasonable expectation of privacy](#d-3); or
  - (3) knowingly [broadcasts](#d-4) or [distributes](#d-5) any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs [(1)](#a-1) and [(2)](#a-2);

  is guilty of an offense under this section and shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.

- (b) **Forcible Pandering.—** Any person subject to this chapter who compels another person to engage in an [act of prostitution](#d-1) with any person is guilty of forcible pandering and shall be punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.
- (c) **Indecent Exposure.—** Any person subject to this chapter who intentionally exposes, in an [indecent manner](#d-6), the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a [court](/usc/10/704.md?p=c-3-A)-martial may direct.
- (d) **Definitions.—** In this section:
  - (1) **Act of prostitution.—** The term “act of prostitution” means a [sexual act](/usc/10/920b.md?p=g-1) or [sexual contact](/usc/10/920b.md?p=g-1) (as defined in [section 920(g) of this title](/usc/10/920.md?p=g) (article 120(g))) on account of which anything of value is given to, or received by, any person.
  - (2) **Private area.—** The term “private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
  - (3) **Reasonable expectation of privacy.—** The term “under circumstances in which that other person has a reasonable expectation of privacy” means—
    - (A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a [private area](#d-2) of the person was being captured; or
    - (B) circumstances in which a reasonable person would believe that a [private area](#d-2) of the person would not be visible to the public.
  - (4) **Broadcast.—** The term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
  - (5) **Distribute.—** The term “distribute” means delivering to the actual or constructive possession of another, including transmission by electronic means.
  - (6) **Indecent manner.—** The term “indecent manner” means conduct 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.