10 USC 920 - Sec. 920. Art. 120. Rape and carnal knowledge

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(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.

Historical And Revision Notes

Revised Source (U.S. Code) Source (Statutes at section Large)

920(a) 50:714(a). May 5, 1950, ch. 169, Sec. 1 (Art. 120), 64 Stat. 140. 920(b) 920(c) 50:714(b). 50:714(c).

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 843, 929, 937 of this title; title 18 sections 2251, 2252, 2252A.