Page:United States Statutes at Large Volume 110 Part 1.djvu/486

 110 STAT. 462 PUBLIC LAW 104-106—FEB. 10, 1996 SEC. 1113. CARNAL KNOWLEDGE. (a) GENDER NEUTRALITY. —Subsection (b) of section 920 (article 120) is amended to read as follows: "(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a person— "(1) who is not that person's spouse; and "(2) who has not attained the age of sixteen years; is guilty of carnal knowledge and shall be punished as a courtmartial may direct.". (b) MISTAKE OF FACT.— Such section (article) is further amended by adding at the end the following new subsection: "(d)(1) In a prosecution under subsection (b), it is an affirmative defense that— "(A) the person with whom the accused committed the act of sexual intercourse had at the time of the alleged offense attained the age of twelve years; and "(B) the accused reasonably believed that that person had at the time of the alleged offense attained the age of sixteen years. "(2) The accused has the burden of proving a defense under paragraph (1) by a preponderance of the evidence.". Subtitle B—Sentences SEC. 1121. EFFECTIVE DATE FOR FORFEITURES OF PAY AND ALLOW- ANCES AND REDUCTIONS IN GRADE BY SENTENCE OF COURT-MARTIAL. (a) EFFECTIVE DATE OF SPECIFIED PUNISHMENTS.— Subsection (a) of section 857 (article 57) is amended to read as follows: "(a)(1) Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of— "(A) the date that is 14 days after the date on which the sentence is adjudged; or "(B) the date on which the sentence is approved by the convening authority. "(2) On application by an accused, the convening authority may defer a forfeiture of pay or allowances or reduction in grade that would otherwise become effective under paragraph (1)(A) until the date on which the sentence is approved by the convening authority. Such a deferment may be rescinded at any time by the convening authority. "(3) A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. "(4) In this subsection, the term 'convening authority', with respect to a sentence of a court-martial, means any person authorized to act on the sentence under section 860 of this title (article 60).". 10 USC 857 note. (b) APPLICABILITY. —The amendment made by subsection (a) shall apply to a case in which a sentence is adjudged by a courtmartial on or after the first day of the first month that begins at least 30 days after the date of the enactment of this Act.

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