Page:Title 3 CFR 2007 Compilation.djvu/256

 EO 13447 Title 3--The President the ganitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall be punished as a court-martial may direct. {o) Age of child. (1} \177welve years. In a prosecution under subsection (b) {rape of a child), subsectlon (g) (aggravated sexual contact with a child), or subsection {j) (indecent liberty with a child), it need not be proven that the accused knew that the other person engaging in the sexual act, contact, or liberty had not attained the age of 12 years. It is not an affirmative defense that the accused reasonably believed that the chl!d had attained the age of 12 years. (2) Sixteen years. In a prosecution under subsection (d) (aggravated sexual assault of a chzld}, subsection (f} (aggravated sexual abuse of a chzld), subsection (i) {abusive sexual contact with a child), or subsection {j) {indecent liberty with a child), it need not be proven that the accused knew that the other person engaging in the sexual act, contact, or liberty had not attained the age of 16 years. Unlike in paragraph (1}, however, it is an affirmative defense that the accused reasonably believed that the child had attained the age of 16 years. (p) Proof of threat. In a prosecution under this section, in proving that the accused made a threat, it need not be proven that the accused actually intended to carry out the threat. (q) Marriage. (1) In general. In a prosecution under paragraph (2} of subsection (c) (aggravated sexual assault), or under subsection (d) (aggravated sexual assault of a child), subsection (f) (aggravated sexual abuse of a child), subsection (i) (abusive sexual contact with a child), subsection (]) (indecent liberty with a child), subsection (m) (wrongful sexual contact}, or subsection (n) (indecent exposure), 256

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