Presidential Documents

4763 

Federal Register 

Vol. 87, No. 20 

Monday, January 31, 2022 

Title 3— 

The President 

Executive Order 14062 of January 26, 2022 

2022 Amendments to the Manual for Courts-Martial, United 

States 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, including chapter 47 of title 10, 

United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946a), 

and in order to prescribe amendments to the Manual for Courts-Martial, 

United States, prescribed by Executive Order 12473 of April 13, 1984, as 

amended, it is hereby ordered as follows: 

Section 1. Parts II and IV of the Manual for Courts-Martial, United States, 

are amended as described in the Annex attached to and made a part of 

this order. 

Sec. 2. These amendments shall take effect as of the date of this order, 

subject to the following: 

(a) Nothing in these amendments shall be construed to make punishable 

any act done or omitted prior to the date of this order that was not punishable 

when done or omitted. 

(b) Nothing in these amendments shall be construed to invalidate any 

nonjudicial punishment proceeding, restraint, investigation, referral of 

charges, trial in which arraignment occurred, or other action begun prior 

to the date of this order, and any such nonjudicial punishment, restraint, 

investigation, referral of charges, trial, or other action may proceed in the 

same manner and with the same effect as if these amendments had not 

been prescribed. 

THE WHITE HOUSE, 

January 26, 2022. 

Billing code 3395–F2–P 


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ANNEX 

Section l• Part II of the Manual for Courts-Martial, United States, is amended as follows: 

(a) R.C.M. 916(e)(3) is amended to read as follows: 

"(3) Other assaults. It is a defense to any assault punishable under Article 89, 91, 128, or 

128b and not listed in paragraphs (e)(l) or (2) of this rule that the accused: 

(A) Apprehended, upon reasonable grounds, that bodily harm was about to be inflicted 

wrongfully on the accused; and 

(B) Believed that the force that the accused used was necessary for protection against 

bodily harm, provided that the force used by the accused was less than force reasonably likely to 

produce death or grievous bodily harm." 

(b) R.C.M. 916(e)(5) is amended to read as follows: 

"( 5) Defense of another. The principles of self-defense under paragraphs ( e )(1) through ( 4) 

of this rule apply to defense of another. It is a defense to homicide, attempted homicide, assault 

with intent to kill, or any assault under Article 89, 91, 128, or 128b that the accused acted in 

defense of another, provided that the accused may not use more force than the person defended 

was lawfully entitled to use under the circumstances." 

Section 2. Part IV of the Manual for Courts-Martial, United States, is amended as follows: 

(a) A new paragraph 55a is inserted immediately after paragraph 55 to read as follows: 

"55a. Article 117a (10 U.S.C. 917a)-Wrongful broadcast or distribution of intimate visual 

images 

a. Text of statute. 

(a) PROHIBITION.-Any person subject to this chapter-

(1) who knowingly and wrongfully broadcasts or distributes an intimate visual 

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image of another person or a visual image of sexually explicit conduct involving a person 

who-

(A) is at least 18 years of age at the time the intimate visual image or visual image of 

sexually explicit conduct was created; 

(B) is identifiable from the intimate visual image or visual image of sexually explicit 

conduct itself, or from information displayed in connection with the intimate visual image 

or visual image of sexually explicit conduct; and 

(C) does not explicitly consent to the broadcast or distribution of the intimate visual 

image or visual image of sexually explicit conduct; 

(2) who knows or reasonably should have known that the intimate visual image or 

visual image of sexually explicit conduct was made under circumstances in which the 

person depicted in the intimate visual image or visual image of sexually explicit conduct 

retained a reasonable expectation of privacy regarding any broadcast or distribution of the 

intimate visual image or visual image of sexually explicit conduct; 

(3) who knows or reasonably should have known that the broadcast or distribution 

of the intimate visual image or visual image of sexually explicit conduct is likely-

(A) to cause harm, harassment, intimidation, emotional distress, or financial loss for 

the person depicted in the intimate visual image or visual image of sexually explicit 

conduct; or 

(B) to harm substantially the depicted person with respect to that person's health, 

safety, business, calling, career, financial condition, reputation, or personal relationships; 

and 

(4) whose conduct, under the circumstances, had a reasonably direct and palpable 

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connection to a military mission or military environment, 

is guilty of wrongful distribution of intimate visual images or visual images of sexually 

explicit conduct and shall be punished as a court-martial may direct. 

(b) DEFINITIONS.-ln this section: 

(1) BROADCAST.-The term "broadcast" means to electronically transmit a visual 

image with the intent that it be viewed by a person or persons. 

(2) DISTRIBUTE.-The term "distribute" means to deliver to the actual or 

constructive possession of another person, including transmission by mail or electronic 

means. 

(3) INTIMATE VISUAL IMAGE.-The term "intimate visual image" means a visual 

image that depicts a private area of a person. 

(4) PRIVATE AREA.-The term "private area" means the naked or underwear-clad 

genitalia, anus, buttocks, or female areola or nipple. 

(5) REASONABLE EXPECTATION OF Pruv ACY.-The term "reasonable expectation of 

privacy" means circumstances in which a reasonable person would believe that a private 

area of the person, or sexually explicit conduct involving the person, would not be visible to 

the public. 

(6) SEXUALLY EXPLICIT CONDUCT.-The term "sexually explicit conduct" means 

actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or 

oral-anal contact, whether between persons of the same or opposite sex, bestiality, 

masturbation, or sadistic or masochistic abuse. 

(7) VISUAL IMAGE.-The term "visual image" means the following: 

(A) Any developed or undeveloped photograph, picture, film, or video. 

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(B) Any digital or computer image, picture, film, or video made by any 

means, including those transmitted by any means, including streaming media, even if not 

stored in a permanent format. 

(C) Any digital or electronic data capable of conversion into a visual image. 

b. Elements. 

(1) That the accused knowingly and wrongfully broadcasted or distributed a visual image; 

(2) That the visual image is an intimate visual image of another person or a visual image 

of sexually explicit conduct involving another person; 

(3) That the person depicted in the intimate visual image or visual image of sexually 

explicit conduct-

( a) is at least 18 years of age at the time the intimate visual image or visual image of 

sexually explicit conduct was created; 

(b) is identifiable from the intimate visual image or visual image of sexually explicit 

conduct itself or from information displayed in connection with the intimate visual image or 

visual image of sexually explicit conduct; and 

( c) does not explicitly consent to the broadcast or distribution of the intimate visual image 

or visual image of sexually explicit conduct; 

( 4) That the accused knew or reasonably should have known that the intimate visual image 

or visual image of sexually explicit conduct was made under circumstances in which the person 

depicted retained a reasonable expectation of privacy regarding any broadcast or distribution of 

the intimate visual image or visual image of sexually explicit conduct; 

(5) That the accused knew or reasonably should have known that the broadcast or 

distribution of the intimate visual image or visual image of sexually explicit conduct was likely 

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to--

(a) cause harm, harassment, intimidation, emotional distress, or financial loss for the 

person depicted in the intimate visual image or visual image of sexually explicit conduct; or 

(b) harm substantially the depicted person with respect to that person's health, safety, 

business, calling, career, financial condition, reputation, or personal relationships; and 

(6) That the conduct of the accused, under the circumstances, had a reasonably direct and 

palpable connection to a military mission or military environment. 

c. Explanation. See Paragraph 55a.a.(b) for definitions. 

(1) Wrongful. Wrongful means without legal justification or excuse. This paragraph shall 

not apply in the case of a visual image the disclosure of which is in the bona fide public interest. 

For example, this paragraph does not prohibit any lawful law enforcement, correctional, or 

intelligence activity; shall not apply to the reporting of unlawful activity; and shall not apply to a 

subpoena or court order for use in a legal proceeding. 

(2) Reasonable Expectation of Privacy. A reasonable expectation of privacy is determined 

based on the totality of the circumstances. 

(3) A reasonably direct and palpable connection to a military mission or military 

environment. The connection between the conduct and a military mission or military 

environment is contextually oriented and cannot be evidenced by conduct that is connected only 

in a remote or indirect sense. To constitute an offense under the UCMJ, the conduct must have a 

measurably divisive effect on unit or organization discipline, morale, or cohesion, or must be 

clearly detrimental to the authority or stature of or respect toward a Servicemember. 

d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and 

confinement for 2 years. 

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e. Sample specification. 

In that ____ (personal jurisdiction data), did ( at/on board-location), on or about 

__ 20 _, knowingly and wrongfully [(distribute) (broadcast)] [(an intimate visual image of 

---~ ( a visual image of sexually explicit conduct involving --~], a person who was 

at least 18 years of age when the image was created, is identifiable from ( the image itself) 

(information conveyed in connection with the image), and did not explicitly consent to the 

(broadcast) (distribution) of the image, when the accused (knew) (reasonably should have 

known) the image was made under circumstances in which -----retained a reasonable 

expectation of privacy regarding any (broadcast) (distribution) of the image, and where the 

accused (knew) (reasonably should have known) that the (broadcast) (distribution) of the image 

was likely to [cause (harm) (harassment) (intimidation) (emotional distress) (financial loss), to 

wit: ____ ] [harm substantially the (health) (safety) (business) ( calling) (career) ( financial 

condition) (reputation) (personal relationships), to wit: ______ ] and that, under the 

circumstances, such conduct had a reasonably direct and palpable connection to a (military 

mission) (military environment)." 

(b) Paragraph 77, subparagraph a. is amended to read as follows: 

"a Text of statute. 

(a) ASSAULT.-Any person subject to this chapter who, unlawfully and with force 

or violence-

(1) attempts to do bodily harm to another person; 

(2) offers to do bodily harm to another person; or 

(3) does bodily harm to another person; 

is guilty of assault and shall be punished as a court-martial may direct. 

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(b) AGGRAVATED ASSAULT.-Any person subject to this chapter-

(1) who, with the intent to do bodily harm, offers to do bodily harm with a 

dangerous weapon; 

(2) who, in committing an assault, inflicts substantial bodily harm or grievous bodily 

harm on another person; or 

(3) who commits an assault by strangulation or suffocation; 

is guilty of aggravated assault and shall be punished as a court-martial may direct. 

(c) ASSAULT WITH INTENT TO COMMIT SPECIFIED OFFENSES.-

(1) IN GENERAL.-Any person subject to this chapter who commits assault with 

intent to commit an offense specified in paragraph (2) shall be punished as a court-martial 

may direct. 

(2) OFFENSES SPECIFIED.-The offenses referred to in paragraph (1) are 

murder, voluntary manslaughter, rape, sexual assault, rape of a child, sexual assault of a 

child, robbery, arson, burglary, and kidnapping." 

(c) Paragraph 77, subparagraph b.(3)(c) is amended to read as follows: 

"( c) Assault consummated by a battery upon a child under 16 years. 

(i) That the accused did bodily harm to a certain person; 

(ii) That the bodily harm was done unlawfully; 

(iii) That the bodily harm was done with force or violence; and 

(iv) That the person was then a child under the age of 16 years." 

(d) Paragraph 77, subparagraph b.(4)(a) is amended to read as follows: 

"(a) Assault with a dangerous weapon. 

(i) That the accused offered to do bodily harm to a certain person; 

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(ii) The offer was made with the intent to do bodily harm; and 

(iii) That the accused did so with a dangerous weapon. 

[Note: Add any of the following elements as applicable:] 

(iv) That the dangerous weapon was a loaded firearm. 

(v) That the person was a child under the age of 16 years." 

(e) Paragraph 77, subparagraph b.(4)(b) is amended to read as follows: 

"(b) Assault in which substantial bodily harm is inflicted. 

(i) That the accused assaulted a certain person; and 

(ii) That substantial bodily harm was thereby inflicted upon such person. 

[Note: Add any of the following elements as applicable:] 

(iii) That the injury was inflicted with a loaded firearm. 

(iv) That the person was a child under the age of 16 years." 

(t) Paragraph 77, subparagraph b.(4)(c) is amended to read as follows: 

"( c) Assault in which grievous bodily harm is inflicted. 

(i) That the accused assaulted a certain person; and 

(ii) That grievous bodily harm was thereby inflicted upon such person. 

[Note: Add any of the following elements as applicable:] 

(iii) That the injury was inflicted with a loaded firearm. 

(iv) That the person was a child under the age of 16 years." 

(g) Paragraph 77, subparagraph b.(4) is amended by inserting a new subparagraph (d) 

immediately after subparagraph (c) to read as follows: 

"( d) Aggravated Assault by strangulation or suffocation. 

(i) That the accused assaulted a certain person; 

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(ii) That the accused did so by strangulation or suffocation; 

(iii) That the strangulation or suffocation was done with unlawful force or 

violence; 

[Note: Add the following as applicable] 

(iv) That the person was a child under the age of 16 years." 

(h) Paragraph 77, subparagraph c.(4)(d) is deleted. 

(i) Paragraph 77, subparagraph c.(5)(a)(vi) is deleted. 

G) Paragraph 77, subparagraph c.(5)(b)(iii) is deleted. 

(k) Paragraph 77, subparagraph c.(5) is amended by inserting a new subparagraph (c) 

immediately after subparagraph (b) to read as follows: 

"( c) Aggravated Assault by strangulation or suffocation. 

(i) In general. Assault by strangulation or suffocation is an assault committed 

intentionally, knowingly, or recklessly, regardless of whether that conduct results in any visible 

injury or whether there is any intent to kill or protractedly injure the victim. 

(ii) Assault. See paragraph 77.c.(2)(a). 

(iii) Strangulation. Intentionally, knowingly, or recklessly impeding the normal 

breathing or circulation of the blood of a person by applying pressure to the throat or neck, 

regardless of whether that conduct results in any visible injury or whether there is any intent to 

kill or protractedly injure the victim. 

(iv) Suffocation. Intentionally, knowingly, or recklessly impeding the normal 

breathing of a person by covering the mouth of the person, the nose of the person, or both, 

regardless of whether that conduct results in any visible injury or whether there is any intent to 

kill or protractedly injure the victim. 

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(v) When committed upon a child under 16 years of age. The maximum 

punishment is increased when aggravated assault by strangulation or suffocation is inflicted upon 

a child under 16 years of age. Knowledge that the person assaulted was under the age of 16 years 

is not an element of the offense." 

(I) Paragraph 77.d. is amended to read as follows: 

"d. Maximum punishment. 

(1) Simple assault. 

(a) Generally. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 

months. 

(b) When committed with an unloaded firearm. Dishonorable discharge, forfeiture of all 

pay and allowances, and confinement for 3 years. 

(2) Battery. 

(a) Assault consummated by a battery. Bad-conduct discharge, forfeiture of all pay and 

allowances, and confinement for 6 months. 

(b) Assault consummated by a battery upon a child under 16 years. See paragraph 

77.d.(3)(e). 

(3) Assaults permitting increased punishments based upon status of victim. 

(a) Assault upon a commissioned officer of the armed forces of the United States or of a 

friendly foreign power, not in the execution of office. Dishonorable discharge, forfeiture of all 

pay and allowances, and confinement for 3 years. 

(b) Assault upon a warrant officer, not in the execution of office. Dishonorable discharge, 

forfeiture of all pay and allowances, and confinement for 18 months. 

( c) Assault upon a noncommissioned or petty officer, not in the execution of office. Bad10 
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conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. 

(d) Assault upon a sentinel or lookout in the execution of duty, or upon any person who, 

in the execution of office, is performing security police, military police, shore patrol, master at 

arms, or other military or civilian law enforcement duties. Dishonorable discharge, forfeiture of 

all pay and allowances, and confinement for 3 years. 

( e) Assault consummated by a battery upon a child under 16 years. Dishonorable 

discharge, forfeiture of all pay and allowances, and confinement for 2 years. 

( 4) Aggravated assault. 

(a) Aggravated assault with a dangerous weapon. 

(i) When committed with a loaded firearm. Dishonorable discharge, forfeiture of 

all pay and allowances, and confinement for 8 years. 

(ii) When committed upon a child under the age of 16 years. Dishonorable 

discharge, forfeiture of all pay and allowances, and confinement for 5 years. 

(iii) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, 

and confinement for 3 years. 

(b) Aggravated assault in which substantial bodily harm is iriflicted. 

(i) When the injury is inflicted with a loaded firearm. Dishonorable discharge, 

forfeiture of all pay and allowances, and confinement for 8 years. 

(ii) When the injury is iriflicted upon a child under the age of 16 years. 

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 6 years. 

(iii) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, 

and confinement for 3 years. 

( c) Aggravated assault in which grievous bodily harm is inflicted. 

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(i) When the injury is inflicted with a loaded firearm. Dishonorable discharge, 

forfeiture of all pay and allowances, and confinement for 10 years. 

(ii) When the injury is inflicted upon a child under the age of 16 years. 

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years. 

(iii) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, 

and confinement for 5 years. 

( d) Aggravated Assault by strangulation or suffocation. 

(i) Aggravated assault by strangulation or suffocation when committed upon a 

child under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, 

and confinement for 8 years. 

(ii) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and 

confinement for 5 years. 

(5) Assault with intent to commit specified offenses. 

(a) Assault with intent to commit murder, rape, or rape of a child. Dishonorable 

discharge, forfeiture of all pay and allowances, and confinement for 20 years. 

(b) Assault with intent to commit voluntary manslaughter, robbery, arson, burglary, and 

kidnapping. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 

10 years." 

(m) Paragraph 77, subparagraphs e.(7)-(11) are amended to read as follows: 

"(7) Assault consummated by a battery upon a child under 16 years. 

In that ____ (personal jurisdiction data), did, (at/on board-location) (subject-matter 

jurisdiction data, if required), on or about __ 20 _, unlawfully (strike)( ___ )___ _ 

(a child under the age of 16 years) (in) (on) the __ with ____ _ 

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(8) Assault, aggravated-with a dangerous weapon. 

In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter 

jurisdiction data, if required), on or about __ 20 _, with the intent to inflict bodily harm, 

commit an assault upon ____ ( a child under the age of 16 years) by ( shooting) (pointing) 

(striking) (cutting)(_) (at (him) (her)) with a dangerous weapon, to wit: a (loaded firearm) 

(pickax) (bayonet) (club) ( ). 

(9) Assault, aggravated-inflicting substantial bodily harm. 

In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter 

jurisdiction data, if required), on or about __ 20 _, commit an assault upon __ (a child 

under the age of 16 years) by (shooting) (striking) (cutting)(_) (him) (her) (on) the __ with 

a (loaded firearm) (club) (rock) (brick) ( ) and did thereby inflict substantial bodily 

harm upon (him) (her), to wit: (severe bruising of the face) (head concussion) (temporary 

blindness) ( ). 

(10) Assault, aggravated-inflicting grievous bodily harm. 

In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter 

jurisdiction data, if required), on or about __ 20 _, commit an assault upon __ (a child 

under the age of 16 years) by (shooting) (striking) (cutting)(_) (him) (her) (on) the __ with 

a (loaded firearm) (club) (rock) (brick) ( ) and did thereby inflict grievous bodily harm 

upon (him) (her), to wit: a (broken leg) (deep cut) (fractured skull)(~---~)-

(11) Assault, aggravated-by strangulation or suffocation. 

In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter 

jurisdiction data, if required), on or about __ 20 _, commit an assault upon ____ ( a 

child under the age of 16 years) by unlawfully (strangling) (suffocating) (him) (her) (with/by 

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(n) Paragraph 77 is amended by inserting a new subparagraph e.(12) immediately after 

subparagraph e.(11) to read as follows: 

"(12) Assault with intent to commit specified offenses. 

In that _____ (personal jurisdiction data), did, (at/on board-location) (subject matter 

jurisdiction data, if required), on or about __ 20 _, with intent to commit (murder) 

(voluntary manslaughter) (rape) (rape ofa child) (sexual assault) (sexual assault ofa child) 

(robbery) (arson) (burglary) (kidnapping), assault _____ by (striking at (him) (her) with 

a----~ (~---~)-" 

(o) A new paragraph 78a is inserted immediately after paragraph 78 to read as follows: 

"78a. Article 128b (10 U.S.C. 928b)- Domestic Violence 

a. Text of statute. 

Any person who-

(1) commits a violent offense against a spouse, an intimate partner, or an immediate 

family member of that person; 

(2) with intent to threaten or intimidate a spouse, an intimate partner, or an 

immediate family member of that person-

(A) commits an offense under this chapter against any person; or 

(B) commits an offense under this chapter against any property, including an 

animal; 

(3) with intent to threaten or intimidate a spouse, an intimate partner, or an 

immediate family member of that person, violates a protection order; 

(4) with intent to commit a violent offense against a spouse, an intimate partner, or 

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an immediate family member of that person, violates a protection order; or 

(5) assaults a spouse, an intimate partner, or an immediate family member of that 

person by strangling or suffocating; 

shall be punished as a court-martial may direct. 

b. Elements. 

(1) Commission of a violent offense against a spouse, intimate partner, or immediate 

family member of that person. 

(a) That the accused committed a violent offense; and 

(b) That the violent offense was committed against a spouse, intimate partner, or 

immediate family member of the accused. 

[Note: Add the following as applicable] 

( c) That the immediate family member was a child under the age of 16 years. 

(2) Commission of a violation of the UCMJ against any person with intent to threaten or 

intimidate a spouse, an intimate partner, or an immediate family member of that person. 

(a) That the accused committed an act in violation of the UCMJ; 

(b) That the accused committed the act against any person; and 

( c) That the accused committed the act with the intent to threaten or intimidate a spouse, 

an intimate partner, or an immediate family member of the accused. 

(3) Commission of a violation of the UCMJ against any property, including an animal, 

with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family 

member of that person. 

(a) That the accused committed an act in violation of the UCMJ; 

(b) That the accused committed the act against any property, including an animal; and 

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( c) That the accused committed the act with the intent to threaten or intimidate a spouse, 

an intimate partner, or an immediate family member of the accused. 

( 4) Violation of a protection order with the intent to threaten or intimidate a spouse, an 

intimate partner, or an immediate family member of that person. 

(a) That a lawful protection order was in place; 

(b) That the accused committed an act in violation of that lawful protection order; and 

( c) That the accused committed the act with the intent to threaten or intimidate a spouse, 

an intimate partner, or an immediate family member of the accused. 

(5) Violation of a protection order with the intent to commit a violent offense against a 

spouse, an intimate partner, or an immediate family member of that person. 

(a) That a lawful protection order was in place; 

(b) That the accused committed an act in violation of that lawful protection order; and 

( c) That the accused committed the act with the intent to commit a violent offense against 

a spouse, an intimate partner, or an immediate family member of the accused. 

( 6) Assaulting a spouse, an intimate partner, or an immediate family member of that 

person by strangulation or suffocation. 

(a) That the accused assaulted a spouse, an intimate partner, or an immediate family 

member of the accused; 

(b) That the accused did so by strangulation or suffocation; and 

( c) That the strangulation or suffocation was done with unlawful force or violence; 

[Note: Add the following as applicable] 

(d) That the person was a child under the age of 16 years." 

c. Explanation. 

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(l) Violent Offense. The term "violent offense" means a violation of the following: 

(a) 10 U.S.C. § 918 (article 118) 

(b) 10 U.S.C. § 919(a) (article 119(a)) 

(c) 10 U.S.C. § 919a (article 119a) 

(d) 10 U.S.C. § 920 (article 120) 

(e) 10 U.S.C. § 920b (article 120b) 

(t) 10 U.S.C. § 922 (article 122) 

(g) 10 U.S.C. § 925 (article 125) 

(h) 10 U.S.C. § 926 (article 126) 

(i) 10 U.S.C. § 928 (article 128) 

G) 10 U.S.C. § 928a (article 128a) 

(k) 10 U.S.C. § 930 (article 130) 

(1) Any other offense that has an element that includes the use, attempted use, or 

threatened use of physical force against the person or property of another. 

(2) Spouse. The term "spouse" means one's husband or wife by lawful marriage. 

(3) Intimate partner. The term "intimate partner" means-

(a) one's former spouse, a person with whom one shares a child in common, or a person 

with whom one cohabits or with whom one has cohabited as a spouse; or 

(b) a person with whom one has been in a social relationship of a romantic or intimate 

nature, as determined by the length of the relationship, the type of relationship, and the frequency 

of interaction between the persons involved in the relationship. 

( 4) Immediate family. The term "immediate family" means-

( a) one's spouse, parent, brother or sister, child, or other person to whom he or she stands 

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in loco parentis; or 

(b) any other person living in one's household to whom he or she is related by blood or 

marriage. 

(5) Strangulation. The term "strangulation" has the same meaning ascribed to that term in 

subparagraph 77 .c.( 5)( c )(iii). 

(6) Suffocation. The term "suffocation" has the same meaning ascribed to that term in 

subparagraph 77.c.(5)(c)(iv). 

(7) Protection order. The term "protection order" means-

( a) a military protective order enforceable under 10 U.S.C. § 892 (article 92); or 

(b) a protection order, as defined in 18 U.S.C. § 2266 and, if issued by a State, tribal, or 

territorial court, is in accordance with the standards specified in 18 U.S.C. § 2265. 

(8) Mandatory Minimum Punishments. In accordance with 10 U.S.C. § 856 (article 56), 

for a conviction of an offense under this paragraph, mandatory minimum punishment provisions 

shall not apply. 

d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and 

confinement as follows: 

(1) Commission of a violent offense against a spouse, an intimate partner, or an 

immediate family member of that person. Any person subject to the UCMJ who is found guilty of 

violating Article 128b by committing a violent offense against a spouse, an intimate partner, or 

an immediate family member of that person shall be subject to the same maximum period of 

confinement authorized for the commission of the underlying offense plus an additional 3 years 

of confinement except for those violent offenses for which the maximum punishment includes 

death, confinement for life without eligibility for parole, or confinement for life. 

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(2) Commission of a violation of the UCMJ against any person with intent to threaten or 

intimidate a spouse, an intimate partner, or an immediate family member of that person. Any 

person subject to the UCMJ who is found guilty of violating Article 128b by committing an 

offense punishable under the UCMJ with intent to threaten or intimidate a spouse, an intimate 

partner, or an immediate family member of that person shall be subject to the same maximum 

period of confinement authorized for the commission of the underlying offense plus an 

additional 3 years, with the exception of those offenses for which the maximum punishment 

includes death, confinement for life without eligibility for parole, or confinement for life. 

(3) Commission of a violation of the UCMJ against any property, including an animal, 

with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family 

member of that person. Any person subject to the UCMJ who is found guilty of violating Article 

128b by committing an offense punishable under the UCMJ against any property, including an 

animal, with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate 

family member of that person shall be subject to the same maximum period of confinement 

authorized for the commission of the underlying offense plus an additional 3 years, with the 

exception of those offenses for which the maximum punishment includes death, confinement for 

life without eligibility for parole, or confinement for life. 

( 4) Violation of a protection order with the intent to threaten or intimidate a spouse, an 

intimate partner, or an immediate family member of that person. Confinement for 3 years. 

(5) Violation of a protection order with the intent to commit a violent offense against a 

spouse, an intimate partner, or an immediate family member of that person. Confinement for 5 

years. 

( 6) Assaulting a spouse, an intimate partner, or an immediate family member of that 

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person by strangulation or suffocation. 

(a) Aggravated assault by strangulation or suffocation when committed upon a child 

under the age of 16 years. Confinement for 11 years. 

(b) Other cases. Confinement for 8 years. 

e. Sample Specifications. 

(1) In that ____ (personaljurisdiction data), did, (at/on board-location) (subject 

matter jurisdiction data, if required), on or about __ 20 _, commit a violent offense against 

-----, the (spouse) (intimate partner) (immediate family member) (immediate family 

member under the age of 16 years) of the accused, to wit: ( describe offense with sufficient detail 

to include expressly or by necessary implication every element and any applicable sentence 

enhancer from the underlying offense). 

(2) In that ____ (personal jurisdiction data), did, ( at/on board-location) ( subject 

matter jurisdiction data, if required), on or about __ 20 _, with the intent to (threaten) 

(intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit 

an offense in violation of the UCMJ against ( any person) ( a child under the age of 16 years), to 

wit: ( describe offense with sufficient detail to include expressly or by necessary implication 

every element and any applicable sentence enhancer from the underlying offense). 

(3) In that ____ (personal jurisdiction data), did, (at/on board-location) (subject 

matter jurisdiction data, if required), on or about __ 20 _, with the intent to (threaten) 

(intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit 

an offense in violation of the UCMJ against any property, to wit: (describe offense with 

sufficient detail to include expressly or by necessary implication every element and any 

applicable sentence enhancer from the underlying offense). 

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(4) In that ____ (personal jurisdiction data), did, (at/on board-location) (subject 

matter jurisdiction data, if required), on or about __ 20 _, with the intent to (threaten) 

(intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, 

wrongfully violate a protection order by ________ _ 

(5) In that ____ (personal jurisdiction data), did, (at/on board-location) (subject 

matter jurisdiction data, if required), on or about __ 20 _, violate a protection order, to wit: 

_______ , with the intent to commit a violent offense, to wit: ( describe offense with 

sufficient detail to include expressly or by necessary implication every element), against the 

(spouse) (intimate partner) (immediate family member) of the accused. 

(6) In that (personal jurisdiction data), did, (at/on board-location) (subject -----

matter jurisdiction data, if required), on or about __ 20 _, commit an assault upon 

_____ , the (spouse) (intimate partner) (immediate family member) (immediate family 

member under the age of 16 years) of the accused, by unlawfully (strangling) (suffocating) 

him/her (with/by---~ " 

(p) A new paragraph 107a is inserted immediately after paragraph 107 to read as follows: 

"107a. Article 134-(Sexual Harassment) 

a. Text of statute. See paragraph 91. 

b. Elements. 

(1) That the accused knowingly made sexual advances, demands or requests for sexual 

favors, or knowingly engaged in other conduct of a sexual nature; 

(2) That such conduct was unwelcome; 

(3) That, under the circumstances, such conduct: 

(a) Would cause a reasonable person to believe, and a certain person did believe, that 

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submission to such conduct would be made, either explicitly or implicitly, a term or condition of 

a person's job, pay, career, benefits, or entitlements; 

(b) Would cause a reasonable person to believe, and a certain person did believe, that 

submission to, or rejection of, such conduct would be used as a basis for decisions affecting that 

person's job, pay, career, benefits, or entitlements; or 

( c) Was so severe, repetitive, or pervasive that a reasonable person would perceive, and a 

certain person did perceive, an intimidating, hostile, or offensive working environment; and 

(4) That, under the circumstances, the conduct of the accused was either: (i) to the 

prejudice of good order and discipline in the armed forces; (ii) of a nature to bring discredit upon 

the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of 

a nature to bring discredit upon the armed forces. 

c. Explanation. 

(1) Whether "other conduct" is "of a sexual nature" is dependent upon the circumstances 

of the act or acts alleged and may include conduct that, without context, would not appear to be 

sexual in nature. 

(2) Nature of victim. "A certain person" extends to any person, regardless of gender or 

seniority, and regardless of whether subject to the UCMJ, who by some duty or military-related 

reason may work or associate with the accused. 

(3) Timing and location of act. The act constituting sexual harassment can occur at any 

location, regardless of whether the victim or accused is on or off duty at the time of the alleged 

act or acts. Physical proximity is not required, and the acts may be committed through online or 

other electronic means. 

(4) Mens Rea. The accused must have actual knowledge that he or she is making a sexual 

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advance or a demand or request for sexual favors, or engaging in other conduct of a sexual 

nature. Actual knowledge is not required for the other elements of the offense. 

(5) A certain person's belief or perception. For purposes of the portions of the elements 

dealing with a certain person's belief or perception, that belief or perception may be satisfied by 

such a belief or perception being formed at any time; the belief or perception need not be formed 

contemporaneously with the actions that gave rise to that belief or perception. 

d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and 

confinement for 2 years. 

e. Sample specification. 

In that ____ (personal jurisdiction data), did, (at/on board-location) (subject-matter 

jurisdiction data, if required), on or about __ 20 _, knowingly (make sexual advances) 

( demand or request sexual favors) ( engage in conduct of a sexual nature), to wit (by saying to 

(him) (her)," ____ ," or words to that effect) (by ____ ~; that such conduct was 

unwelcome; and under the circumstances (would cause a reasonable person to believe, and 

____ did believe, that submission to such conduct would be made, either explicitly or 

implicitly, a term or condition of a person's job, pay, career, benefits or entitlements) (would 

cause a reasonable person to believe, and ____ did believe, that submission to, or rejection 

of, such conduct would be used as a basis for career or employment decisions affecting 

----~ (was so severe, repetitive, or pervasive that a reasonable person would perceive, and 

-----did perceive, an intimidating, hostile, or offensive working environment); and that 

such conduct was (to the prejudice of good order and discipline in the armed forces) ( of a nature 

to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the 

armed forces and of a nature to bring discredit upon the armed forces)." 

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