‘‘(B) engages in a sexual act with that 
other person; 
is guilty of aggravated sexual abuse and shall be punished 
as a court-martial may direct. 
‘‘(c) Any person subject to this chapter who know-
ingly engages in a sexual act with another person who has 
not attained the age of twelve years is guilty of aggravated 
sexual abuse of a child and shall be punished as a court- 
martial may direct. In a prosecution under this subsection, 
it need not be proven that the accused knew that the other 
person engaging in the sexual act had not attained the 
age of twelve years. 
‘‘(d) Any person subject to this chapter who know-
ingly— 
‘‘(1) causes another person to engage in a sex-
ual act by threatening or placing that other person 
in fear (other than by threatening or placing that 
other person in fear that any person will be sub-
jected to death, serious bodily injury, or kidnap-
ping); or 
‘‘(2) engages in a sexual act with another per-
son if that other person is— 
‘‘(A) incapable of appraising the nature of 
the conduct; or
‘‘(B) physically incapable of declining par-
ticipation in, or communicating unwillingness to 
engage in, that sexual act; 
is guilty of sexual abuse and shall be punished as a court- 
martial may direct. 
‘‘(e)(1) Any person subject to this chapter who know-
ingly engages in a sexual act with another person who— 
‘‘(A) has attained the age of twelve years but 
has not attained the age of sixteen years; 
‘‘(B) is at least four years younger than the 
person so engaging; and 
‘‘(C) is not that person’s spouse; 
is guilty of sexual abuse of a minor and shall be punished 
as a court-martial may direct. 
‘‘(2) In a prosecution under this subsection, it need 
not be proven that the accused knew the age of the other 
person engaging in the sexual act or that the requisite age 
difference existed between the persons so engaging. 
‘‘(3) In a prosecution under this subsection, it is an 
affirmative defense that the accused reasonably believed 
that the other person had attained the age of sixteen 
years. The accused has the burden of proving a defense 
under this paragraph by a preponderance of the evidence. 
‘‘(f) Any person subject to this chapter who know-
ingly engages in a sexual act with another person who is—
‘‘(1) in official detention or confinement; and 
‘‘(2) under the custodial, supervisory, or dis-
ciplinary authority of the person so engaging; and 
‘‘(3) is not that person’s spouse; 
is guilty of sexual abuse of a ward and shall be punished 
as a court-martial may direct. 
‘‘(g) In this section, the term ‘sexual act’ means— 
‘‘(1) contact between the penis and the vulva or 
the penis and the anus, and for purposes of this sub-
paragraph contact involving the penis occurs upon 
penetration, however slight; 
‘‘(2) contact between the mouth and the penis, 
the mouth and the vulva, or the mouth and the 
anus; 
‘‘(3) the penetration, however slight, of the anal 
or genital opening of another by a hand or finger or 
by any object, with an intent to abuse, humiliate, 
harass, degrade, or arouse or gratify the sexual de-
sire of any person; or 
‘‘(4) the intentional touching, not through the 
clothing, of the genitalia of another person who has 
not attained the age of sixteen years with an intent 
to abuse, humiliate, harass, degrade, or arouse or 
gratify the sexual desire of any person.’’. 
(b) CONFORMING AMENDMENTS.—
(1) MURDER.—Section 918(4) of title 10, 
United States Code (article 118 of the Uniform 
Code of Military Justice), is amended by striking 
‘‘sodomy, rape,’’ and inserting ‘‘aggravated sexual 
abuse, aggravated sexual abuse of a child,’’. 
(2) SODOMY.—Section 925 of title 10, United 
States Code (article 125 of the Uniform Code of 
Military Justice), is repealed. 
(c) CLERICAL AMENDMENTS.—The table of sections 
at the beginning of chapter 47 of title 10, United States 
Code, is amended— 
(1) by striking the item relating to section 925; 
and 
(2) by striking the item relating to section 920 
and inserting the following new item: 
‘‘920. Art. 120. Sexual abuse.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to offenses committed 
after the date of the enactment of this Act. 
Æ