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UCMJ Article 120 Aggravated Sexual Contact by First Rendering That Other Person Unconscious

Note: This law applies only to Article 120 UCMJ Aggravated Sexual Contact offenses committed on and after 1 January 2019.

What is Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious?

Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person UnconsciousArticle 120 UCMJ addresses aggravated sexual contact by first rendering the victim unconscious. This crime involves using force to incapacitate the victim, followed by unwanted sexual contact. The consequences of a conviction are severe, including long-term imprisonment, dishonorable discharge, and mandatory sex offender registration, significantly impacting the accused’s life and career.

Facing such charges requires the best military defense lawyers possible. Experienced Article 120 UCMJ lawyers can navigate the complexities of military law, scrutinize evidence, and craft a robust defense strategy to protect the accused’s rights and future.

What are the Elements of Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious?

  1. That (state the time and place alleged), the accused [committed sexual contact upon] [caused a sexual contact to be committed upon] (victim), by (state the alleged sexual contact); and

  2. That the accused did so by first rendering (victim) unconscious.

Note: The maximum and minimum punishments for UCMJ Article 120 Aggravated Sexual Contact by First Rendering That Other Person Unconscious (Aggravated Sexual Contact) vary depending on the date of the offense.

In the military, the crime of UCMJ Article 120, Aggravated Sexual Contact by First Rendering That Other Person Unconscious, falls under the general offense category of Aggravated Sexual Contact. It is one of the more serious offenses under the UCMJ and carries significant mandatory punishments. Offenses committed after December 27, 2023, carry a mandatory minimum jail sentence of 30-120 months (Between 2 years and 6 months to 10 years of confinement). If convicted, the defendant must register as a Federal and State sex offender.

What are the Aggravated Sexual Contact Offenses Under Article 120 UCMJ?

What are the Maximum Punishments for Aggravated Sexual Contact by First Rendering That Other Person Unconscious, Article 120 UCMJ?

For Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious offenses committed between 1 Jan 2019 and 27 Dec 2023:

  • 20 Years of Confinement
  • Dishonorable Discharge, BCD, Dismissal
  • Total Forfeitures
  • Reduction to E-1
  • Collateral Consequences of a Federal Felony Conviction
  • Collateral Consequences of Registration as a State & Federal Sex Offender

For Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious offenses committed after 27 Dec 2023

  • Under the Sentencing Parameters, Aggravated Sexual Contact by First Rendering That Other Person Unconscious, Article 120 UCMJ, is a Category 3 Offense
  • Mandatory confinement ranges from 30-120 months (Between 2 years and 6 months to 10 years)
  • Dishonorable Discharge, BCD, Dismissal
  • Total Forfeitures
  • Reduction to E-1
  • Collateral Consequences of a Federal Felony Conviction
  • Collateral Consequences of Registration as a State & Federal Sex Offender
  • Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

What are the collateral consequences of having to register as a convicted sex offender?

Sex Offenders Often Cannot Live Near or Visit “Places Where Children Congregate.”
What does that mean? It means a registered sex offender may not be allowed to live near or visit schools, parks and playgrounds, beaches, shopping malls, stores, movie theaters, community centers, places of worship, libraries, recreational facilities, skating rinks, bus stops, and many more.

Potential Collateral Consequences of a Conviction of Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

A military member convicted of Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious must register as a sex offender. A registered sex offender may suffer the following collateral consequences:
  • Denied housing or difficulty finding housing
  • Loss of family
  • Isolation
  • No educational opportunities
  • Unemployable or difficulty finding employment
  • Physical assault
  • Increased homelessness
  • Harassment
  • Financial hardship
  • Stigmatization
  • The decline in mental health
  • No internet access
  • Deterioration of social bonds
  • Loss of residency
  • Difficulty with relationships
  • Social disgrace and humiliation
  • Loss of friends
  • Loss of custody of children
  • Lack of privacy

Sample Model Specification: Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

In that ENS Willy Lopez, US Navy, did, at or near Naval Air Station Jacksonville, Florida, on or about 22 May 2024, touch through the clothing the anus of Jane Victim, with ENS Willy Lopez’s body part, to wit: ENS Willy Lopez’s tongue, with an intent to gratify the sexual desire of ENS Willy Lopez, by rendering Jane Victim unconscious by injecting her with horse tranquilizer.

What are the Definitions for Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious?

“Sexual contact” means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.

Unlawful force and Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

By unlawful force. When the sexual contact is alleged by unlawful force, include the following instruction:

“Unlawful force” means an act of force done without legal justification or excuse.

Force and Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

“Force” means the use of a weapon; the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or inflicting physical harm sufficient to coerce or compel submission by the victim.

Marriage. Marriage is not a defense to any offense violating UCMJ Article 120 Sexual Contact by Force. If necessary, include the following instruction: Marriage is not a defense to this offense.

Sexual act and Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

“Sexual act” means:

  1. the penetration, however slight, of the penis into the vulva or anus or mouth;
  2. contact between the mouth and the penis, vulva, scrotum, or anus; or
  3. the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.

The “vulva” is the external genital organs of the female, including the entrance of the vagina and the labia majora and labia minora.

“Labia” is the Latin and medically correct term for “lips.”

If Evidence of Consent to Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious has Been Raised, then the Military Judge Will Give the Following Instructions:

Instructing on consent. The issue of “consent” may arise in two ways.

  1. First, lack of consent is an element when the accused is charged with aggravated sexual contact by administering a drug, intoxicant, or similar substance without the consent of the alleged victim. Lack of consent is not an element when the accused is charged with aggravated sexual contact by any other method (including when the accused is charged with administering a drug, intoxicant, or similar substance by force or by threat of force). See US v. Neal, 68 MJ 289, 302-304 (CAAF 2010) (statutory definition of “force” does not imply an element of lack of consent).
  2. Second, evidence of the alleged victim’s consent to the sexual conduct might be introduced concerning any aggravated sexual contact allegation to negate the elements of the offense. Generally, the elements of an Article 120(c) offense require the accused to have committed sexual conduct “by” a certain method. Stated another way, “by” means the sexual conduct occurred because of that method. Consent to the sexual conduct logically precludes that causal link; when the alleged victim consented, the sexual conduct occurred because of the consent, not because of the charged method.
  3. Accordingly, evidence that the alleged victim consented to the sexual conduct may be relevant to negate an element, even though lack of consent may not be a separate element. If consent evidence has been introduced to negate other elements of the charged offense, give the second parenthetical below, along with the appropriately tailored definitions of consent. If lack of consent to administering a drug, intoxicant, or similar substance is an element of the charged offense, give the first parenthetical below, along with the appropriately tailored definition of consent.

IF LACK OF CONSENT TO THE ADMINISTRATION OF A DRUG, INTOXICANT, OR SIMILAR SUBSTANCE IS AN ELEMENT, GIVE THE FOLLOWING INSTRUCTION:

(As I previously advised you, in (The) Specification(s) (__________) of (The) (Additional) Charge (___), the accused is charged with the offense of aggravated sexual contact by administering a drug, intoxicant, or other similar substance to (state the name of the alleged victim) without his/her knowledge or consent, thereby substantially impairing the ability of (state the name of the alleged victim) to appraise or control his/her conduct. For this offense, lack of consent to the administration of the drug, intoxicant, or other similar substance is an element of the offense.)

IF CONSENT EVIDENCE HAS BEEN INTRODUCED TO NEGATE OTHER ELEMENTS OF THE CHARGED OFFENSE, GIVE THE FOLLOWING INSTRUCTION:

(The evidence has (also) raised the issue of whether (state the name of the alleged victim) consented to the sexual conduct listed in (The) Specification(s) (__________) of (The) (Additional) Charge (___). All of the evidence concerning consent to the sexual conduct is relevant and must be considered in determining whether the government has proven (the elements of the offense) (that the sexual conduct was done by (state the applicable element).

Stated another way, evidence the alleged victim consented to the sexual conduct, either alone or in conjunction with the other evidence in this case, may cause you to have a reasonable doubt as to whether the government has proven (every element of the offense) (that the sexual conduct was done by state the applicable element).

Consent and Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

“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 does not constitute consent. Submission resulting from the use of force, threat of force, or placing another person in fear also 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 does not constitute consent.

  • A sleeping, unconscious, or incompetent person cannot consent.
  • A person cannot consent to force causing or likely to cause death or grievous bodily harm.
  • A person cannot consent to being rendered unconscious.
  • A person cannot consent while under threat or in fear.
  • A “competent person” is a person who possesses the physical and mental ability to consent.
  • An “incompetent person” is a person who is incapable of appraising the nature of the conduct at issue, or physically incapable of declining participation in or communicating unwillingness to engage in the sexual act at issue.
  • All the surrounding circumstances are to be considered in determining whether a person
    gave consent.

Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious Military Defense Lawyers

If you are suspected or accused of UCMJ Article 120 Aggravated Sexual Contact by First Rendering That Other Person Unconscious, reach out to speak with one of our experienced military court martial lawyers to discuss your best defense strategy.

What is Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious?

Article 120 of the Uniform Code of Military Justice (UCMJ) addresses various sexual offenses, including aggravated sexual contact. One specific aspect of this article is the offense of aggravated sexual contact by first rendering the other person unconscious. This crime is taken very seriously within the military justice system due to its violent and non-consensual nature, carrying severe penalties for those convicted.

Understanding Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious defines aggravated sexual contact by first rendering the other person unconscious as the act of engaging in sexual contact with another person by first rendering that person unconscious. This includes any intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, with the intent to abuse, humiliate, harass, or degrade any person, or to arouse or gratify the sexual desire of any person.

Elements of Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

To secure a conviction under this provision, the prosecution must prove the following elements beyond a reasonable doubt:

  • The accused engaged in sexual contact with another person.
  • The accused rendered the other person unconscious before engaging in the sexual contact.
  • The act was committed with the intent to abuse, humiliate, harass, degrade, or gratify sexual desire.

The intentional rendering of the victim unconscious adds a particularly egregious dimension to this offense, highlighting the premeditated and violent nature of the act.

Consequences of  Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious Conviction

A conviction under Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious carries severe penalties, reflecting the seriousness of the crime. Potential consequences include:

  • Dishonorable discharge from the military.
  • Lengthy prison sentences, potentially including life imprisonment.
  • Forfeiture of all pay and allowances.
  • Mandatory registration as a sex offender.

Beyond these direct penalties, significant collateral consequences can impact a person convicted of Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious for the rest of their life. These include:

  • Difficulty finding employment due to the dishonorable discharge and sex offender status.
  • Social stigma and isolation resulting from the nature of the offense.
  • Restrictions on residency and travel due to sex offender registration requirements.
  • Loss of civil rights, such as voting or owning firearms.

The Importance of Legal Representation in Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

Given the severity of the charges and the harsh consequences of a conviction, it is crucial for anyone accused of violating Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious to seek legal representation immediately. An experienced military defense lawyer can provide critical support and guidance throughout the legal process. They can:

  • Thoroughly investigate the allegations and gather evidence to build a strong defense.
  • Challenge the prosecution’s evidence and question the credibility of witnesses.
  • Negotiate with prosecutors to seek reduced charges or favorable plea agreements.
  • Advocate for the accused’s rights in court and strive for the best possible outcome.

A skilled defense lawyer understands the complexities of military law and can navigate the unique aspects of court-martial proceedings. They are essential in ensuring that the accused receives a fair trial and their rights are protected at every stage.

Further Legal Considerations for Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

Understanding the full scope of Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious requires awareness of the broader legal framework and precedents that shape its application. Several legal considerations come into play when defending against such charges:

  • Presumption of Innocence: Despite the serious nature of the charges, every accused individual is presumed innocent until proven guilty. This foundational principle ensures that the prosecution has the burden of proof.
  • Evidentiary Standards: The prosecution must present clear and convincing evidence to meet the high standard of proof required for a conviction. This includes forensic evidence, witness testimony, and other relevant documentation.
  • Legal Defenses: Various defenses may be available, including lack of intent, mistaken identity, or consent (in cases where the victim’s age is not an element of the crime). A defense lawyer will carefully evaluate the circumstances to determine the most appropriate defense strategy.
  • Mitigating Factors: In the event of a conviction, presenting mitigating factors during sentencing can potentially reduce the severity of the punishment. This might include evidence of the accused’s good character, lack of prior offenses, or other extenuating circumstances.

Long-Term Implications of Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

The repercussions of a conviction under Article 120 extend far beyond the immediate penalties. The long-term implications can affect various aspects of the individual’s life:

  • Career Impact: A dishonorable discharge effectively ends a military career and can significantly hinder future employment opportunities, particularly in fields requiring security clearances or background checks.
  • Family and Relationships: The social stigma and legal restrictions associated with a sex offender status can strain or sever family relationships and friendships, leading to social isolation.
  • Legal Obligations: Convicted individuals must comply with sex offender registration requirements, including regular check-ins with law enforcement, residency restrictions, and public notification.
  • Mental Health: The stress and trauma of the legal process, combined with the consequences of a conviction, can have significant mental health impacts, requiring ongoing support and counseling.

Resources and Support for Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious

Accessing available resources and support is crucial for those facing charges under Article 120 UCMJ. Organizations and services that can provide assistance include:

  • Military Legal Assistance: Military legal assistance offices offer free legal advice and representation to service members, helping them navigate the complexities of military justice.
  • Veterans’ Organizations: Groups such as the Veterans of Foreign Wars (VFW) and the American Legion support and advocate for service members and veterans dealing with legal issues.
  • Counseling Services: Mental health services, including counseling and support groups, can help individuals cope with their situation’s emotional and psychological effects.
  • Educational Materials: Accessing reputable educational materials and legal resources can help individuals understand their rights and the legal process.

Hiring an Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious Lawyer

Navigating the complexities of Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious requires a thorough understanding of the law, the elements of the offense, and the potential consequences of a conviction. The stakes are high, so seeking knowledgeable legal representation and utilizing available resources is imperative. By doing so, individuals accused of this serious crime can better protect their rights and work towards the best possible outcome in their case.

If you or someone you know is involved in a military criminal case related to Article 120 UCMJ Aggravated Sexual Contact by First Rendering That Other Person Unconscious, taking immediate action to secure experienced legal counsel is essential. The consequences of a conviction are profound and far-reaching, impacting every aspect of the individual’s life. Legal assistance is not only a right but a crucial element in ensuring justice and fair treatment within the military justice system.

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