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ing, 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.’’. 
(C) by striking paragraph (4) and redesig-
nating paragraph (3) as paragraph (4); 
(D) by redesignating paragraph (8) as 
paragraph (3), transferring that paragraph so as 
to appear after paragraph (2), and amending 
that paragraph by inserting before the period at 
the end the following: ‘‘, including any non-
consensual sexual act or nonconsensual sexual 
contact’’; 
(E) in paragraph (4), as redesignated by 
subparagraph (C), by striking the last sentence; 
(F) by striking paragraphs (5) and (7); 
(G) by redesignating paragraph (6) as 
paragraph (7); 
(H) by inserting after paragraph (4), as re-
designated by subparagraph (C), the following 
new paragraphs (5) and (6): 
‘‘(5) FORCE.—The term ‘force’ means— 
‘‘(A) the use of a weapon;
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‘‘(B) the use of such physical strength or vi-
olence 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 jus-
tification or excuse.’’; 
(I) in paragraph (7), as redesignated by 
subparagraph (G)— 
(i) by striking ‘‘under paragraph (3)’’ 
and all that follows through ‘‘contact),’’; 
and 
(ii) by striking ‘‘death, grievous bodily 
harm, or kidnapping’’ and inserting ‘‘the 
wrongful action contemplated by the com-
munication or action.’’; 
(J) by striking paragraphs (9) through 
(13); 
(K) by redesignating paragraph (14) as 
paragraph (8) and in that paragraph— 
(i) by inserting ‘‘(A)’’ before ‘‘The 
term’’;
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(ii) by striking ‘‘words or overt acts 
indicating’’ and ‘‘sexual’’ in the first sen-
tence; 
(iii) by striking ‘‘accused’s’’ in the 
third sentence; 
(iv) by inserting ‘‘or social or sexual’’ 
before ‘‘relationship’’ in the fourth sentence; 
(v) by striking ‘‘sexual’’ before ‘‘con-
duct’’ in the fourth sentence; 
(vi) by striking ‘‘A person cannot con-
sent’’ and all that follows through the pe-
riod; and 
(vii) by adding at the end the following 
new subparagraphs: 
‘‘(B) A sleeping, unconscious, or incom-
petent person cannot consent. A person cannot 
consent to force causing or likely to cause death 
or grievous bodily harm or to being rendered un-
conscious. A person cannot consent while under 
threat or in fear or under the circumstances de-
scribed 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 sur-
rounding circumstances are to be considered in
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determining whether a person gave consent, or 
whether a person did not resist or ceased to resist 
only because of another person’s actions.’’; and 
(L) by striking paragraphs (15) and (16). 
(11) SECTION HEADING.—The heading of such 
section (article) is amended to read as follows: 
‘‘§ 920. Art. 120. Rape and sexual assault generally’’. 
(b) RAPE AND SEXUAL ASSAULT OF A CHILD.—Chap-
ter 47 of such title (the Uniform Code of Military Justice) 
is amended by inserting after section 920a (article 120a), 
as amended by subsection (a), the following new section (ar-
ticle): 
‘‘§ 920b. Art. 120b. Rape and sexual assault of a child 
‘‘(a) RAPE OF A CHILD.—Any person subject to this 
chapter who— 
‘‘(1) commits a sexual act upon a child who has 
not attained the age of 12 years; or 
‘‘(2) commits a sexual act upon a child who has 
attained the age of 12 years by— 
‘‘(A) using force against any person; 
‘‘(B) threatening or placing that child in 
fear; 
‘‘(C) rendering that child unconscious; or 
‘‘(D) administering to that child a drug, in-
toxicant, or other similar substance;
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is guilty of rape of a child and shall be punished as a court- 
martial may direct. 
‘‘(b) SEXUAL ASSAULT OF A CHILD.—Any person sub-
ject to this chapter who commits a sexual act upon a child 
who has attained the age of 12 years is guilty of sexual 
assault of a child and shall be punished as a court-martial 
may direct. 
‘‘(c) SEXUAL ABUSE OF A CHILD.—Any person subject 
to this chapter who commits a lewd act upon a child is 
guilty of sexual abuse of a child and shall be punished as 
a court-martial may direct. 
‘‘(d) AGE OF CHILD.— 
‘‘(1) UNDER 12 YEARS.—In a prosecution under 
this section, it need not be proven that the accused 
knew the age of the other person engaging in the sex-
ual act or lewd act. It is not a defense that the ac-
cused reasonably believed that the child had attained 
the age of 12 years. 
‘‘(2) UNDER 16 YEARS.—In a prosecution under 
this section, it need not be proven that the accused 
knew that the other person engaging in the sexual act 
or lewd act had not attained the age of 16 years, but 
it is a defense in a prosecution under subsection (b) 
(sexual assault of a child) or subsection (c) (sexual 
abuse of a child), which the accused must prove by a
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preponderance of the evidence, that the accused rea-
sonably believed that the child had attained the age 
of 16 years, if the child had in fact attained at least 
the age of 12 years. 
‘‘(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) MARRIAGE.—In a prosecution under subsection 
(b) (sexual assault of a child) or subsection (c) (sexual abuse 
of a child), it is a defense, which the accused must prove 
by a preponderance of the evidence, that the persons engag-
ing in the sexual act or lewd act were at that time married 
to each other, except where the accused commits a sexual 
act upon the person when the accused knows or reasonably 
should know that the other person is asleep, unconscious, 
or otherwise unaware that the sexual act is occurring or 
when the other person is incapable of consenting to the sex-
ual act due to impairment by any drug, intoxicant, or other 
similar substance, and that condition was known or reason-
ably should have been known by the accused. 
‘‘(g) CONSENT.—Lack of consent is not an element and 
need not be proven in any prosecution under this section. 
A child not legally married to the person committing the