Page:United States Statutes at Large Volume 119.djvu/3275

 PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3257

(1) IN GENERAL.—Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: ‘‘§ 920. Art. 120. Rape, sexual assault, and other sexual misconduct ‘‘(a) RAPE.—Any person subject to this chapter who causes another person of any age to engage in a sexual act by— ‘‘(1) using force against that other person; ‘‘(2) causing grievous bodily harm to any person; ‘‘(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnaping; ‘‘(4) rendering another person unconscious; or ‘‘(5) administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby substantially impairs the ability of that other person to appraise or control conduct; is guilty of rape and shall be punished as a court-martial may direct. ‘‘(b) RAPE OF A CHILD.—Any person subject to this chapter who— ‘‘(1) engages in a sexual act with a child who has not attained the age of 12 years; or ‘‘(2) engages in a sexual act under the circumstances described in subsection (a) with a child who has attained the age of 12 years; is guilty of rape of a child and shall be punished as a courtmartial may direct. ‘‘(c) AGGRAVATED SEXUAL ASSAULT.—Any person subject to this chapter who— ‘‘(1) causes another person of any age to engage in a sexual act by— ‘‘(A) threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or ‘‘(B) causing bodily harm; or ‘‘(2) engages in a sexual act with another person of any age if that other person is substantially incapacitated or substantially incapable of— ‘‘(A) appraising the nature of the sexual act; ‘‘(B) declining participation in the sexual act; or ‘‘(C) communicating unwillingness to engage in the sexual act; is guilty of aggravated sexual assault and shall be punished as a court-martial may direct. ‘‘(d) AGGRAVATED SEXUAL ASSAULT OF A CHILD.—Any person subject to this chapter who engages in a sexual act with a child who has attained the age of 12 years is guilty of aggravated sexual assault of a child and shall be punished as a court-martial may direct. ‘‘(e) AGGRAVATED SEXUAL CONTACT.—Any person subject to this chapter who engages in or causes sexual contact with or by another person, if to do so would violate subsection (a) (rape) had the

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