Page:Title 3 CFR 2007 Compilation.djvu/244

 EO 13447 Title 3--The President Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: (a) R.C.M. 916{b) is amended to read as follows: '\177(b} Burden of proof. (1} General rule. Except as listed below in paragraphs (2), (3), and (4), the prosecution shall have the burden of proving beyond a reasonable doubt that the defense did not exist. {2) Lack of mental responsibility. The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence. (3) Mistake of fact as to age. In the defense of mistake of fact as to age as described in Part IV, para. 45a(o)(2} in a prosecution of a sexual offense with a child under Article 120, the accused has the burden of proving mistake of fact as to age by a preponderance of the evidence. After the accused meets his or her burden, the prosecution shall have the burden of proving beyond a reasonable doubt that the defense did not exist. (4) Mistake of fact as to consent. In the defense of mistake of fact as to consent in Article 120(a}, rape, Article 120(c), aggravated sexual assault, Article 120(e), aggravated sexual contact, and Article 120(h), abusive sexual contact, the accused has the burden of proving mistake of fact as to consent by a preponderance of the evidence. After the defense meets its burden, the pr\270secutlon shall have the burden of proving beyond a reasonable doubt that the defense did not exist." (b) R.C.M. 916(])(2} is amended to read as follows: "{2) Child Sexual Offenses. It is a defense to a prosecution for Article 120(d), aggravated sexual assault of a child, Article 120(f}, aggravated sexual abuse of a child, Article 120(i), abusive sexual contact with a child, or Article 120(j), indecent liberty with a child that, at the 244

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