---
kind: "section"
citation: "10 U.S.C. § 920b"
title: "10"
title_heading: "Armed Forces"
number: "920b"
heading: "Art. 120b. Rape and sexual assault of a child"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/920b"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47 — Uniform Code of Military Justice"
  - "Subchapter X — Punitive Articles"
---

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

- (a) **Rape of a Child.—** Any [person](/usc/10/2700.md?p=2) subject to this chapter who—
  - (1) commits a sexual act upon a [child](/usc/10/1072.md?p=6) who has not attained the age of 12 years; or
  - (2) commits a sexual act upon a [child](/usc/10/1072.md?p=6) who has attained the age of 12 years by—
    - (A) using force against any [person](/usc/10/2700.md?p=2);
    - (B) threatening or placing that [child](/usc/10/1072.md?p=6) in fear;
    - (C) rendering that [child](/usc/10/1072.md?p=6) unconscious; or
    - (D) administering to that [child](/usc/10/1072.md?p=6) a drug, intoxicant, or other similar substance;

  is guilty of rape of a [child](/usc/10/1072.md?p=6) and shall be punished as a court-martial may direct.

- (b) **Sexual Assault of a Child.—** Any [person](/usc/10/2700.md?p=2) subject to this chapter who commits a sexual act upon a [child](/usc/10/1072.md?p=6) who has attained the age of 12 years is guilty of sexual assault of a [child](/usc/10/1072.md?p=6) and shall be punished as a court-martial may direct.
- (c) **Sexual Abuse of a Child.—** Any [person](/usc/10/2700.md?p=2) subject to this chapter who commits a lewd act upon a [child](/usc/10/1072.md?p=6) is guilty of sexual abuse of a [child](/usc/10/1072.md?p=6) and shall be punished as a court-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](/usc/10/2700.md?p=2) engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the [child](/usc/10/1072.md?p=6) 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](/usc/10/2700.md?p=2) 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)](#b) (sexual assault of a [child](/usc/10/1072.md?p=6)) or [subsection (c)](#c) (sexual abuse of a [child](/usc/10/1072.md?p=6)), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the [child](/usc/10/1072.md?p=6) had attained the age of 16 years, if the [child](/usc/10/1072.md?p=6) 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](/usc/10/2700.md?p=2) made a threat, it need not be proven that the [person](/usc/10/2700.md?p=2) 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](/usc/10/1072.md?p=6) cannot consent to any sexual act, lewd act, or use of force.
- (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](/usc/10/2700.md?p=2) 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](/usc/10/2700.md?p=2).
  - (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](/usc/10/1072.md?p=6); or
    - (C) inflicting physical harm.

    In the case of a parent-[child](/usc/10/1072.md?p=6) 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](/usc/10/1072.md?p=6) in fear” means a communication or action that is of sufficient consequence to cause the [child](/usc/10/1072.md?p=6) to fear that non-compliance will result in the [child](/usc/10/1072.md?p=6) or another [person](/usc/10/2700.md?p=2) being subjected to the action contemplated by the communication or action.
  - (4) **Child.—** The term “[child](/usc/10/1072.md?p=6)” means any [person](/usc/10/2700.md?p=2) who has not attained the age of 16 years.
  - (5) **Lewd act.—** The term “lewd act” means—
    - (A) any sexual contact with a [child](/usc/10/1072.md?p=6);
    - (B) intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a [child](/usc/10/1072.md?p=6) by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any [person](/usc/10/2700.md?p=2), or to arouse or gratify the sexual desire of any [person](/usc/10/2700.md?p=2);
    - (C) intentionally communicating indecent language to a [child](/usc/10/1072.md?p=6) by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any [person](/usc/10/2700.md?p=2), or to arouse or gratify the sexual desire of any [person](/usc/10/2700.md?p=2); or
    - (D) any indecent conduct, intentionally done with or in the presence of a [child](/usc/10/1072.md?p=6), 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.

## Source credit

(Added Pub. L. 112–81, div. A, title V, § 541(b), Dec. 31, 2011, 125 Stat. 1407; amended Pub. L. 112–239, div. A, title X, § 1076(a)(3), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 114–328, div. E, title LX, § 5430(c), Dec. 23, 2016, 130 Stat. 2950; Pub. L. 118–159, div. A, title V, § 565, Dec. 23, 2024, 138 Stat. 1904.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (f). Pub. L. 118–159 redesignated subsec. (g) as (f), struck out “not legally married to the person committing the sexual act, lewd act, or use of force” before “cannot consent to any sexual act”, and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “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.”

Subsecs. (g), (h). Pub. L. 118–159, § 565(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

2016—Subsec. (h)(1). Pub. L. 114–328 inserted before period at end “, 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”.

2013—Pub. L. 112–239 made technical amendment to directory language of Pub. L. 112–81, which enacted this section.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

### Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(3) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

### Effective Date

Amendment by Pub. L. 112–81 effective 180 days after Dec. 31, 2011, and applicable with respect to offenses committed on or after such effective date, see section 541(f) of Pub. L. 112–81, set out as an Effective Date of 2011 Amendment note under section 843 of this title.