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10 USC 920: Art. 120. Rape and sexual assault generallyText contains those laws in effect on February 9, 2019
From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 47-UNIFORM CODE OF MILITARY JUSTICESUBCHAPTER X-PUNITIVE ARTICLES
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§920. Art. 120. Rape and sexual assault generally
(a) Rape.-Any person subject to this chapter who commits a sexual act upon another person by-
(1) using unlawful force against that other person;
(2) using force causing or likely to cause death or 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 kidnapping;
(4) first rendering that other person unconscious; or
(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing 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) Sexual Assault.-Any person subject to this chapter who-
(1) commits a sexual act upon another person by-
(A) threatening or placing that other person in fear;
(B) causing bodily harm to that other person;
(C) making a fraudulent representation that the sexual act serves a professional purpose; or
(D) inducing a belief by any artifice, pretense, or concealment that the person is another person;

(2) commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to-
(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;

is guilty of sexual assault and shall be punished as a court-martial may direct.
(c) Aggravated Sexual Contact.-Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (a) (rape) had the sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be punished as a court-martial may direct.
(d) Abusive Sexual Contact.-Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (b) (sexual assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may direct.
(e) Proof of Threat.-In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.
(f) Defenses.-An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.
(g) Definitions.-In this section:
(1) Sexual act.-The term "sexual act" means-
(A) contact between the penis and the vulva or anus or mouth, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; or
(B) the penetration, however slight, of the vulva or anus or mouth, of another by any part of the body or by any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.

(2) Sexual contact.-The term "sexual contact" means-
(A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or
(B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.

Touching may be accomplished by any part of the body.
(3) Bodily harm.-The term "bodily harm" means any offensive touching of another, however slight, including any nonconsensual sexual act or nonconsensual sexual contact.
(4) Grievous bodily harm.-The term "grievous bodily harm" means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose.
(5) Force.-The term "force" means-
(A) the use of a weapon;
(B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or
(C) inflicting physical harm sufficient to coerce or compel submission by the victim.

(6) Unlawful force.-The term "unlawful force" means an act of force done without legal justification or excuse.
(7) Threatening or placing that other person in fear.-The term "threatening or placing that other person in fear" means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.
(8) Consent.-
(A) The term "consent" means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent.
(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1).
(C) Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person's actions.
(Aug. 10, 1956, ch. 1041, 70A Stat. 73 ; Pub. L. 102–484, div. A, title X, §1066(c), Oct. 23, 1992, 106 Stat. 2506 ; Pub. L. 104–106, div. A, title XI, §1113, Feb. 10, 1996, 110 Stat. 462 ; Pub. L. 109–163, div. A, title V, §552(a)(1), Jan. 6, 2006, 119 Stat. 3256 ; Pub. L. 112–81, div. A, title V, §541(a), Dec. 31, 2011, 125 Stat. 1404 ; Pub. L. 112–239, div. A, title X, §1076(f)(9), Jan. 2, 2013, 126 Stat. 1952 ; Pub. L. 114–328, div. E, title LX, §5430(a), (b), Dec. 23, 2016, 130 Stat. 2949 ; Pub. L. 115–91, div. A, title X, §1081(c)(1)(O), Dec. 12, 2017, 131 Stat. 1598 .)
AMENDMENT OF SUBSECTIONS (B) AND (G)
Pub. L. 115–91, div. A, title X, §1081(c)(1)(O), (4), Dec. 12, 2017, 131 Stat. 1598 , 1599, provided that, effective immediately after the amendment made by section 5430(a), (b) of Pub. L. 114–328, see below, takes effect as provided for in section 5542 of that Act, subsection (g)(2) of this section is amended in the first sentence by striking "brest" and inserting "breast". See 2017 Amendment note below. For text of subsection (g)(2) after amendment by Pub. L. 114–328 on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
Pub. L. 114–328, div. E, title LX, §5430(a), (b), title LXIII, §5542, Dec. 23, 2016, 130 Stat. 2949 , 2967, and Ex. Ord. No. 13825, Mar. 1, 2018, 83 F.R. 9889, made amendments to subsections (b) and (g) of this section effective, except as otherwise provided, on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations. See 2016 Amendment notes below. For text of this section after amendment on the effective date, see Amendment of Analysis and Subchapter note preceding section 877 of this title.
Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
920(a)
920(b)
920(c) 50:714(a).
50:714(b).
50:714(c). May 5, 1950, ch. 169, §1 (Art. 120), 64 Stat. 140 .

In subsection (c), the words "either of" are inserted for clarity.
AMENDMENTS
2017-Subsec. (g)(2). Pub. L. 115–91 substituted "breast" for "brest".
2016-Subsec. (b)(1)(B) to (D). Pub. L. 114–328, §5430(a)(1), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: "causing bodily harm to that other person;".
Subsec. (b)(2). Pub. L. 114–328, §5430(a)(2), inserted dash after "another person", added subpar. (A), and inserted subpar. (B) designation before "when the person".
Subsec. (g)(1). Pub. L. 114–328, §5430(b)(1), amended par. (1) generally. Prior to amendment, par. (1) defined "sexual act".
Subsec. (g)(2). Pub. L. 114–328, §5430(b)(2), amended par. (2) generally. Prior to amendment, par. (2) defined "sexual contact".
Subsec. (g)(3) to (6). Pub. L. 114–328, §5430(b)(3), redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which defined "bodily harm".
Subsec. (g)(7). Pub. L. 114–328, §5430(b)(3)(B), redesignated par. (8) as (7). Former par. (7) redesignated (6).
Subsec. (g)(7)(A). Pub. L. 114–328, §5430(b)(4)(A)(iii), substituted "does not" for "shall not" in last sentence.
Pub. L. 114–328, §5430(b)(4)(A)(i), (ii), which directed amendment of subpar. (A) by striking out "or submission resulting from the use of force, threat of force, or placing another in fear" in the second sentence and by inserting "Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent." after the second sentence, was executed by striking out "or submission resulting from the use of force, threat of force, or placing another person in fear" after "physical resistance" in the third sentence and by making the insertion after the third sentence, to reflect the probable intent of Congress.
Subsec. (g)(7)(B). Pub. L. 114–328, §5430(b)(4)(B), which directed substitution of "subparagraph (B) or (C)" for "subparagraph (B) or (D)", was executed by making the substitution for "subparagraph (C) or (D)", to reflect the probable intent of Congress.
Subsec. (g)(7)(C). Pub. L. 114–328, §5430(b)(4)(C), struck out "Lack of consent may be inferred based on the circumstances of the offense." at beginning and ", or whether a person did not resist or ceased to resist only because of another person's actions" before period at end.
Subsec. (g)(8). Pub. L. 114–328, §5430(b)(5), added par. (8). Former par. (8) redesignated (7).
2013-Subsec. (g)(7). Pub. L. 112–239 struck out second period at end.
2011-Pub. L. 112–81, §541(a)(11), substituted "Art. 120. Rape and sexual assault generally" for "Art. 120. Rape, sexual assault, and other sexual misconduct" in section catchline.
Subsec. (a). Pub. L. 112–81, §541(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to rape.
Subsec. (b). Pub. L. 112–81, §541(a)(3), redesignated subsec. (c) as (b) and amended it generally. Pub. L. 112–81, §541(a)(2), struck out subsec. (b) which related to rape of a child.
Subsec. (c). Pub. L. 112–81, §541(a)(4), redesignated subsec. (e) as (c) and substituted "commits" for "engages in" and "upon" for "with". Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 112–81, §541(a)(5), redesignated subsec. (h) as (d) and substituted "commits" for "engages in", "upon" for "with", and "subsection (b) (sexual assault)" for "subsection (c) (aggravated sexual assault)".
Pub. L. 112–81, §541(a)(2), struck out subsec. (d) which related to aggravated sexual assault of a child.
Subsec. (e). Pub. L. 112–81, §541(a)(7), redesignated subsec. (p) as (e) and substituted "a person made" for "the accused made" and "the person actually" for "the accused actually" and inserted "or had the ability to carry out the threat" before period at end. Former subsec. (e) redesignated (c).
Subsec. (f). Pub. L. 112–81, §541(a)(8), redesignated subsec. (q) as (f) and amended it generally.
Pub. L. 112–81, §541(a)(2), struck out subsec. (f) which related to aggravated sexual abuse of a child.
Subsec. (g). Pub. L. 112–81, §541(a)(2), (10), redesignated subsec. (t) as (g) and struck out former subsec. (g) which related to aggravated sexual contact with a child.
Subsec. (g)(1)(A). Pub. L. 112–81, §541(a)(10)(A)(i), inserted "or anus or mouth" after "vulva".
Subsec. (g)(1)(B). Pub. L. 112–81, §541(a)(10)(A)(ii), substituted "vulva or anus or mouth," for "genital opening" and "any part of the body" for "a hand or finger".
Subsec. (g)(2). Pub. L. 112–81, §541(a)(10)(B), amended par. (2) generally. Prior to amendment, par. (2) defined "sexual contact".
Subsec. (g)(3). Pub. L. 112–81, §541(a)(10)(D), redesignated par. (8) as (3) and inserted ", including any nonconsensual sexual act or nonconsensual sexual contact" before period at end. Former par. (3) redesignated (4).
Subsec. (g)(4). Pub. L. 112–81, §541(a)(10)(E), struck out at end "It does not include minor injuries such as a black eye or a bloody nose. It is the same level of injury as in section 928 (article 128) of this chapter, and a lesser degree of injury than in section 2246(4) of title 18."
Pub. L. 112–81, §541(a)(10)(C), redesignated par. (3) as (4) and struck out former par. (4) which defined "dangerous weapon or object".
Subsec. (g)(5). Pub. L. 112–81, §541(a)(10)(F), (H), added par. (5) and struck out former par. (5) which defined "force".
Subsec. (g)(6). Pub. L. 112–81, §541(a)(10)(H), added par. (6). Former par. (6) redesignated (7).
Subsec. (g)(7). Pub. L. 112–81, §541(a)(10)(G), (I), redesignated par. (6) as (7), struck out "under paragraph (3) of subsection (a) (rape), or under subsection (e) (aggravated sexual contact)," after "person in fear' ", and substituted "the wrongful action contemplated by the communication or action." for "death, grievous bodily harm, or kidnapping".
Pub. L. 112–81, §541(a)(10)(F), struck out par. (7) which defined "threatening or placing that other person in fear".
Subsec. (g)(8). Pub. L. 112–81, §541(a)(10)(K), redesignated par. (14) as (8), designated introductory provisions as subpar. (A), in first sentence, struck out "words or overt acts indicating" before "a freely given" and "sexual" before "conduct", in third sentence, struck out "accused's" before "use of force", in fourth sentence, inserted "or social or sexual" before "relationship" and struck out "sexual" before "conduct" and last sentence, including subpars. (A) and (B), which related to a person who cannot consent to sexual activity, and added subpars. (B) and (C). Former par. (8) redesignated (3).
Subsec. (g)(9) to (13). Pub. L. 112–81, §541(a)(10)(J), struck out pars. (9) to (13) which defined "child", "lewd act", "indecent liberty", "indecent conduct", and "act of prostitution", respectively.
Subsec. (g)(14). Pub. L. 112–81, §541(a)(10)(K), redesignated par. (14) as (8).
Subsec. (g)(15), (16). Pub. L. 112–81, §541(a)(10)(L), struck out pars. (15) and (16) which defined "mistake of fact as to consent" and "affirmative defense", respectively.
Subsec. (h). Pub. L. 112–81, §541(a)(5), redesignated subsec. (h) as (d).
Subsecs. (i), (j). Pub. L. 112–81, §541(a)(2), struck out subsecs. (i) and (j) which related to abusive sexual contact with a child and indecent liberty with a child, respectively.
Subsecs. (k) to (n). Pub. L. 112–81, §541(a)(6), struck out subsecs. (k) to (n) which related to indecent act, forcible pandering, wrongful sexual contact, and indecent exposure, respectively.
Subsec. (o). Pub. L. 112–81, §541(a)(2), struck out subsec. (o) which related to age of child.
Subsec. (p). Pub. L. 112–81, §541(a)(7), redesignated subsec. (p) as (e).
Subsec. (q). Pub. L. 112–81, §541(a)(8), redesignated subsec. (q) as (f).
Subsecs. (r), (s). Pub. L. 112–81, §541(a)(9), struck out subsecs. (r) and (s) which related to consent and mistake of fact as to consent and other affirmative defenses not precluded, respectively.
Subsec. (t). Pub. L. 112–81, §541(a)(10), redesignated subsec. (t) as (g).
2006-Pub. L. 109–163 amended section generally, substituting subsecs. (a) to (t) relating to rape, sexual assault, and other sexual misconduct for subsecs. (a) to (d) relating to rape and carnal knowledge.
1996-Subsec. (b). Pub. L. 104–106, §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, §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 2017 AMENDMENT
Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 112–81 effective 180 days after Dec. 31, 2011, and applicable with respect to offenses committed on or after such effective date, see section 541(f) of Pub. L. 112–81, set out as a note under section 843 of this title.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–163, div. A, title V, §552(c), Jan. 6, 2006, 119 Stat. 3263 , provided that: "Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by subsection (a), shall apply with respect to offenses committed on or after the effective date specified in subsection (f) [see note below]."
Amendment by Pub. L. 109–163 effective on Oct. 1, 2007, see section 552(f) of Pub. L. 109–163, set out as a note under section 843 of this title.
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.
INTERIM MAXIMUM PUNISHMENTS
Pub. L. 109–163, div. A, title V, §552(b), Jan. 6, 2006, 119 Stat. 3263 , provided that: "Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military Justice), as amended by subsection (a), may not exceed the following limits:
"(1) Subsections (a) and (b).-For an offense under subsection (a) (rape) or subsection (b) (rape of a child), death or such other punishment as a court-martial may direct.
"(2) Subsection (c).-For an offense under subsection (c) (aggravated sexual assault), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 30 years.
"(3) Subsections (d) and (e).-For an offense under subsection (d) (aggravated sexual assault of a child) or subsection (e) (aggravated sexual contact), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
"(4) Subsections (f) and (g).-For an offense under subsection (f) (aggravated sexual abuse of a child) or subsection (g) (aggravated sexual contact with a child), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.
"(5) Subsections (h) through (j).-For an offense under subsection (h) (abusive sexual contact), subsection (i) (abusive sexual contact with a child), or subsection (j) (indecent liberty with a child), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 7 years.
"(6) Subsections (k) and (l).-For an offense under subsection (k) (indecent act) or subsection (l) (forcible pandering), dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
"(7) Subsections (m) and (n).-For an offense under subsection (m) (wrongful sexual contact) or subsection (n) (indecent exposure), dishonorable discharge, forfeiture of all pay and allowances, and confinement for one year."
[See 2011 Amendment notes above for extensive amendment of section 920 of title 10 by Pub. L. 112–81, effective 180 days after Dec. 31, 2011, and applicable with respect to offenses committed on or after such effective date.]
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MILITARY CODE AND LAWS TO FOLLOW FOR MILITARY STAFF OR SOLDIERS

10 U.S. Code § 920 - Art. 120. Rape and sexual assault generally
• U.S. Code
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(a)Rape.—Any person subject to this chapter who commits a sexual act upon another person by—
(1)
using unlawful force against that other person;
(2)
using force causing or likely to cause death or 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 kidnapping;
(4)
first rendering that other person unconscious; or
(5)
administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing 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)Sexual Assault.—Any person subject to this chapter who—
(1) commits a sexual act upon another person by—
(A)
threatening or placing that other person in fear;
(B)
causing bodily harm to that other person;
(C)
making a fraudulent representation that the sexual act serves a professional purpose; or
(D)
inducing a belief by any artifice, pretense, or concealment that the person is another person;
(2)
commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
(3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—
(A)
impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
(B)
a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;
is guilty of sexual assault and shall be punished as a court-martial may direct.
(c)Aggravated Sexual Contact.—
Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (a) (rape) had the sexual contact been a sexual act, is guilty of aggravated sexual contact and shall be punished as a court-martial may direct.
(d)Abusive Sexual Contact.—
Any person subject to this chapter who commits or causes sexual contact upon or by another person, if to do so would violate subsection (b) (sexual assault) had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall be punished as a court-martial may direct.
(e)Proof of Threat.—
In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.
(f)Defenses.—
An accused may raise any applicable defenses available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution under this section.
(g)Definitions.—In this section:
(1)Sexual act.—The term “sexual act” means—
(A)
contact between the penis and the vulva or anus or mouth, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; or
(B)
the penetration, however slight, of the vulva or anus or mouth, of another by any part of the body or by any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.
(2)Sexual contact.—The term “sexual contact” means—
(A)
touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or
(B)
any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.
Touching may be accomplished by any part of the body.
(3)Bodily harm.—
The term “bodily harm” means any offensive touching of another, however slight, including any nonconsensual sexual act or nonconsensual sexual contact.
(4)Grievous bodily harm.—
The term “grievous bodily harm” means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose.
(5)Force.—The term “force” means—
(A)
the use of a weapon;
(B)
the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or
(C)
inflicting physical harm sufficient to coerce or compel submission by the victim.
(6)Unlawful force.—
The term “unlawful force” means an act of force done without legal justification or excuse.
(7)Threatening or placing that other person in fear.—
The term “threatening or placing that other person in fear” means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.
(8)Consent.—
(A)
The term “consent” means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent.
(B)
A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1).
(C)
Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.
(Aug. 10, 1956, ch. 1041, 70A Stat. 73; Pub. L. 102–484, div. A, title X, § 1066(c), Oct. 23, 1992, 106 Stat. 2506; Pub. L. 104–106, div. A, title XI, § 1113, Feb. 10, 1996, 110 Stat. 462; Pub. L. 109–163, div. A, title V, § 552(a)(1), Jan. 6, 2006, 119 Stat. 3256; Pub. L. 112–81, div. A, title V, § 541(a), Dec. 31, 2011, 125 Stat. 1404; Pub. L. 112–239, div. A, title X, § 1076(f)(9), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 114–328, div. E, title LX, § 5430(a), (b), Dec. 23, 2016, 130 Stat. 2949; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(O), Dec. 12, 2017, 131 Stat. 1598.)
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Criminal Child Exploitation and Obsenity Section (CEOS)
 Report Violations
CITIZEN'S GUIDE TO U.S. FEDERAL LAW ON THE EXTRATERRITORIAL SEXUAL EXPLOITATION OF CHILDREN
18 U.S.C. § 2423(d): Travel with intent to engage in illicit sexual conduct
18 U.S.C. § 2423(c): Engaging in illicit sexual conduct in foreign places
18 U.S.C. § 2423(d): Ancillary Offenses
18 U.S.C. §§ 2251(c) and 2260(a): Production of Child Pornography outside the United States
18 U.S.C. § 1591: Sex Trafficking of children by force, fraud, or coercion
18 U.S.C. § 1596: Additional jurisdiction in certain trafficking offenses
Federal law provides “extraterritorial jurisdiction” over certain sex offenses against children. Extraterritorial jurisdiction is the legal authority of the United States to prosecute criminal conduct that took place outside its borders.
Section 2423(c) of Title 18, United States Code, prohibits United States citizens or legal permanent residents from traveling from the United States to a foreign country, and while there, raping or sexually molesting a child or paying a child for sex. Citizens can be punished under this law even if the conduct they engaged in was legal in the country where it occurred. For example, if an individual traveled to a country that had legalized prostitution, and while they were there they paid a child for sex, that individual could still be convicted under this statute. The penalty for this provision is up to 30 years in prison.
Section 2423(b) of Title 18, United States Code, is a similar provision. Section 2423(b) makes it a crime for United States citizens or legal permanent residents to travel from the United States to a foreign country with the intent to engage in illegal sexual conduct with a child such as rape, molestation, or prostitution. The difference between Section 2423(b) and Section 2423(c) is that Section 2423(b) statute requires proof that the defendant had formed his criminal intent at the time he began to travel. The penalty for this offense is also up to 30 years in prison. Finally, Section 2423(d) makes it a crime to be what is known informally as being a “child sex tour operator.” This statute makes it an offense to profit by facilitating the travel of U.S. Citizens or legal permanent residents, knowing that they are traveling for the purpose of engaging in illegal sex with a minor. The penalty for this offense is up to 30 years in prison.
There are also some child pornography laws that apply to conduct overseas. Sections 2251(c) and 2260(a) of Title 18, United States Code both make it a crime for anyone to produce child pornography in foreign countries if they import the child abuse images into the United States, or if they intend to do so. The penalty for a first time offender under these statutes is at least 15 years, up to a maximum of 30 years in prison.
Finally, 18 U.S.C. § 1596 grants extraterritorial jurisdiction over 18 U.S.C. § 1591 (Sex trafficking of children or by force, fraud, or coercion). In this instance, this means that federal prosecutors can investigate and prosecute foreign nationals who commit sex trafficking crimes against children outside the United States. Section 1596 also allows the federal government to investigate and prosecute U.S. nationals and residents who commit child sex trafficking crimes in foreign countries (For more information on 18 U.S.C. § 1591, see Citizen’s Guide to U.S. Federal Law on the Prostitution of Children).
For all of these statutes, a child is considered to be anyone under the age of 18.
FOR MORE INFORMATION
• Extraterritorial Sexual Exploitation of Children
• Citizen’s Guide to U.S. Federal Law on the Prostitution of Children
• The PROTECT Act of 2003
• Report Violations
• FAQs
Updated July 6, 2015
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Leadership
Steven J. Grocki
Chief, Child Exploitation and Obscenity Section
Contact
CEOS Direct Line
(202) 514-5780
JUSTICE.GOV
__________________________________________________________________

 FAQs
 Report Violations
CITIZEN'S GUIDE TO U.S. FEDERAL LAW ON CHILD PORNOGRAPHY
18 U.S.C. § 2251- Sexual Exploitation of Children
(Production of child pornography)
18 U.S.C. § 2251A- Selling and Buying of Children
18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors
(Possession, distribution and receipt of child pornography)
18 U.S.C. § 2252A- certain activities relating to material constituting or containing child pornography
18 U.S.C. § 2256- Definitions
18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States
Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.
Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce (See 18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A). Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct. Any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.
Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the U.S. Mails or common carriers to transport child pornography across state or international borders. Additionally, federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD-ROM used to store the image, originated or previously traveled in interstate or foreign commerce.
In addition, Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child pornography.
Lastly, Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child pornography with intent to import or transmit the visual depiction into the United States.
Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.
It is important to note that an offender can be prosecuted under state child pornography laws in addition to, or instead of, federal law.
FOR MORE INFORMATION
• Child Pornography
• Report Violations
• FAQs
Updated December 12, 2017
Was this page helpful?
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Leadership
Steven J. Grocki
Chief, Child Exploitation and Obscenity Section
____________________________________________________________________
terrorism combat act

<< Previous TITLE 18 / PART II / CHAPTER 203 / § 3052 Next >>
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18 USC 3052: Powers of Federal Bureau of Investigation Text contains those laws in effect on February 9, 2019

From Title 18-CRIMES AND CRIMINAL PROCEDUREPART II-CRIMINAL PROCEDURECHAPTER 203-ARREST AND COMMITMENT
Jump To: Source CreditAmendments
§3052. Powers of Federal Bureau of Investigation
The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors, and agents of the Federal Bureau of Investigation of the Department of Justice may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
(June 25, 1948, ch. 645, 62 Stat. 817 ; Jan. 10, 1951, ch. 1221, §1, 64 Stat. 1239 .)
HISTORICAL AND REVISION NOTES
Based on section 300a of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees (June 18, 1934, ch. 595, 48 Stat. 1008 ; Mar. 22, 1935, ch. 39, title II, 49 Stat. 77 ).
Language relating to seizures under warrant is in section 3107 of this title.
Minor changes were made in phraseology particularly with respect to omission of provision covered by rule 5(a) of Federal Rules of Criminal Procedure.
AMENDMENTS
1951-Act Jan. 10, 1951, allowed F. B. I. personnel to make arrests without a warrant for any offense against the United States committed in their presence.
TRANSFER OF FUNCTIONS
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees.

<< Previous TITLE 18 / PART II / CHAPTER 204 / § 3071 Next >>
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18 USC 3071: Information for which rewards authorized Text contains those laws in effect on February 9, 2019
From Title 18-CRIMES AND CRIMINAL PROCEDUREPART II-CRIMINAL PROCEDURECHAPTER 204-REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND ESPIONAGE

Jump To: Source CreditAmendmentsShort TitleMiscellaneous
§3071. Information for which rewards authorized
(a) With respect to acts of terrorism primarily within the territorial jurisdiction of the United States, the Attorney General may reward any individual who furnishes information-
(1) leading to the arrest or conviction, in any country, of any individual or individuals for the commission of an act of terrorism against a United States person or United States property; or
(2) leading to the arrest or conviction, in any country, of any individual or individuals for conspiring or attempting to commit an act of terrorism against a United States person or property; or
(3) leading to the prevention, frustration, or favorable resolution of an act of terrorism against a United States person or property.

(b) With respect to acts of espionage involving or directed at the United States, the Attorney General may reward any individual who furnishes information-
(1) leading to the arrest or conviction, in any country, of any individual or individuals for commission of an act of espionage against the United States;
(2) leading to the arrest or conviction, in any country, of any individual or individuals for conspiring or attempting to commit an act of espionage against the United States; or
(3) leading to the prevention or frustration of an act of espionage against the United States.
(Added Pub. L. 98–533, title I, §101(a), Oct. 19, 1984, 98 Stat. 2706 ; amended Pub. L. 103–359, title VIII, §803(a), Oct. 14, 1994, 108 Stat. 3438 .)
AMENDMENTS
1994-Pub. L. 103–359 designated existing provisions as subsec. (a) and added subsec. (b).
SHORT TITLE
Pub. L. 98–533, §1, Oct. 19, 1984, 98 Stat. 2706 , provided that: "This Act [enacting this chapter and section 2708 of Title 22, Foreign Relations and Intercourse, amending sections 2669, 2678 and 2704 of Title 22, enacting provisions set out as a note under section 5928 of Title 5, Government Organization and Employees and amending provisions set out as a note under section 2651 of Title 22] may be cited as the '1984 Act to Combat International Terrorism'."
ATTORNEY GENERAL'S AUTHORITY TO PAY REWARDS TO COMBAT TERRORISM
Pub. L. 107–56, title V, §501, Oct. 26, 2001, 115 Stat. 363 , which provided that funds available to Attorney General could be used for payment of rewards to combat terrorism and defend Nation against terrorist acts, in accordance with procedures and regulations established or issued by Attorney General, and set forth conditions in making such rewards, was repealed by Pub. L. 107–273, div. A, title III, §301(c)(1), Nov. 2, 2002, 116 Stat. 1781 .

USCODE.HOUSE.GOV.STATEVIEWER.HTM-------------------------------------------

<< Previous TITLE 18 / PART II / CHAPTER 204 / § 3072 Next >>
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18 USC 3072: Determination of entitlement; maximum amount; Presidential approval; conclusiveness Text contains those laws in effect on February 9, 2019
From Title 18-CRIMES AND CRIMINAL PROCEDUREPART II-CRIMINAL PROCEDURECHAPTER 204-REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND ESPIONAGE
Jump To: Source CreditAmendments
§3072. Determination of entitlement; maximum amount; Presidential approval; conclusiveness
The Attorney General shall determine whether an individual furnishing information described in section 3071 is entitled to a reward and the amount to be paid.
(Added Pub. L. 98–533, title I, §101(a), Oct. 19, 1984, 98 Stat. 2707 ; amended Pub. L. 107–273, div. A, title III, §301(c)(2), Nov. 2, 2002, 116 Stat. 1781 .)
AMENDMENTS
2002-Pub. L. 107–273, which directed amendment of section 3072 of chapter 203, was executed to this section, which is in chapter 204, by striking out at end "A reward under this section may be in an amount not to exceed $500,000. A reward of $100,000 or more may not be made without the approval of the President or the Attorney General personally. A determination made by the Attorney General or the President under this chapter shall be final and conclusive, and no court shall have power or jurisdiction to review it."

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terrorism combat act 1984

PUBLIC LAW 98-533—OCT 19 1984 98 STAT (18 USC 3072) AND 1984ACT TO COMBAT INTERNATIONAL TERRORISM
OCT 19, 1984 LEGISLATIVE HR 6311 (S 3037) 18 USC 3071 NOTE AND (CHAPTER 203) CONGRESSIONAL RECORD VOLUME 130 /1984

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