
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC920]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER X--PUNITIVE ARTICLES
 
Sec. 920. Art. 120. Rape and carnal knowledge

    (a) Any person subject to this chapter who commits an act of sexual 
intercourse, by force and without consent, is guilty of rape and shall 
be punished by death or such other punishment as a court-martial may 
direct.
    (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 court-martial 
may direct.
    (c) Penetration, however slight, is sufficient to complete either of 
these offenses.
    (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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 73; Pub. L. 102-484, div. A, title 
X, Sec. 1066(c), Oct. 23, 1992, 106 Stat. 2506; Pub. L. 104-106, div. A, 
title XI, Sec. 1113, Feb. 10, 1996, 110 Stat. 462.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
920(a)................................  50:714(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
920(b)................................  50:714(b).                            1
20), 64 Stat. 140.
920(c)................................  50:714(c).
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---------------------------------

    In subsection (c), the words ``either of'' are inserted for clarity.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-106, Sec. 1113(a), amended subsec. 
(b) generally. Prior to amendment, subsec. (b) read as follows: ``Any 
person subject to this chapter who, under circumstances not amounting to 
rape, commits an act of sexual intercourse with a female not his wife 
who has not attained the age of sixteen years, is guilty of carnal 
knowledge and shall be punished as a court-martial may direct.''
    Subsec. (d). Pub. L. 104-106, Sec. 1113(b), added subsec. (d).
    1992--Subsec. (a). Pub. L. 102-484 struck out ``with a female not 
his wife'' after ``intercourse'' and ``her'' after ``without''.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and applicable 
with respect to offenses committed on or after that date, see section 
1067 of Pub. L. 102-484, set out as a note under section 803 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 929, 937 of this title.
