Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact

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Note: This law applies only to Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact offenses committed on and after 1 January 2019. Manual for Courts-Martial, United States (2024 ed.)

What is Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact?

Article 120b of the UCMJ addresses the offense of sexual abuse of a child involving sexual contact. This crime involves engaging in or attempting to engage in sexual contact with a child under the age of 16. Sexual contact includes touching, either directly or through clothing, with the intent to arouse or gratify sexual desire.

“Convictions for this offense carry severe penalties, including lengthy confinement, dishonorable discharge, and mandatory registration as a sex offender. The significant consequences underscore the importance of seeking the best military defense lawyers.” Manual for Courts-Martial, United States (2024 ed.)

Court martial lawyers play a critical role in defending against such charges. They understand the complexities of military law and can craft a robust defense, challenging the prosecution’s evidence and ensuring the accused’s rights are protected. Effective legal representation can significantly influence the outcome, potentially mitigating the harsh penalties.

For those facing charges under Article 120b UCMJ, engaging experienced court martial lawyers like those at Gonzalez & Waddington is essential. Their comprehensive understanding of military justice ensures a thorough defense strategy, addressing every aspect of the case to achieve the best possible outcome.

Note: The maximum and minimum punishments for Article 128 UCMJ Assault Upon a Warrant, Noncommissioned, or Petty Officer vary depending on the date of the offense.

Article 120b UCMJ Sexual Abuse of a Child Crimes:

• Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact
• Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure
• Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Communication
• Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Conduct

What are the Elements of Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact?

1. That (state the time and place alleged), the accused committed a lewd act upon (state the name of the alleged victim), by (state the alleged sexual contact); and

2. That at the time of the lewd act (state the name of the alleged victim) had not attained the age of 16 years. Manual for Courts-Martial, United States (2024 ed.)

What are the Maximum Punishments for Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact?

For Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact offenses committed between 1 January 2019 and 27 December 2023:

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

For Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact offenses committed after 27 December 2023

• Under the Sentencing Parameters, Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact is a Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years)
• Dishonorable Discharge, Bad Conduct Discharge, Dismissal
• Total Forfeitures
• Reduction to E-1
• Federal Felony Conviction
• 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

• Maximum Punishments for UCMJ Offenses 2024: Combined UCMJ Punishments Chart
• UCMJ Lesser Included Offenses Chart 2024 UCMJ

Sample Specification for Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact

In that LTJG Mickey Miller, US Navy, did, at or near Miami, Florida, on or about 26 February 2025, commit a lewd act upon Briana Parks, a child who had not attained the age of 16 years, by touching the vulva of Briana Parks, with his hand to wit: touching the vulva is Briana Parks with his hand, with an intent to arouse the sexual desire of Briana Parks.

Model Specification for Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, commit a lewd act upon __________, a child who had not attained the age of 16 years, by (touching) (causing ___________ to touch) the (vulva) (penis) (scrotum) (anus) (groin) (breast) (inner thigh) (buttocks) of ________, with [(_______’s body part) (an object) to wit: _______], with an intent to [(abuse) (humiliate) (harass) (degrade) ________] [(arouse) (gratify) the sexual desire of __________].

What are the Definitions for Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact?

“Lewd act” under Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact means:

• any sexual contact with a child;

• intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person;

• intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or

• any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity that is grossly vulgar, obscene, and repugnant to common propriety and tends to excite sexual desire or deprave morals concerning sexual relations. Manual for Courts-Martial, United States (2024 ed.)

“Sexual contact” under Article 120b UCMJ Sexual Abuse of a Child Involving 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.

“Child” under Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact means any person who has not attained age 16.

The prosecution is not required to prove the accused knew the age of (state the name of the alleged victim) at the time the alleged sexual act(s) occurred.

Mistake of fact as to age in Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact cases. Mistake of fact as to age, under Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact , is an affirmative defense to sexual abuse of a child, if the child had attained the age of 12 years. If raised by some evidence, the military judge must advise the members that the defense has the burden of proving by a preponderance of the evidence that a mistake existed. When a mistake of fact as to age has been raised, include the following instructions. The burden of proof in the instruction below is as provided in the statute.

The evidence has raised the issue of mistake on the part of the accused concerning the offense(s) of sexual abuse of a child, as alleged in (the) Specification(s) (___) of (the) (Additional) Charge (___). Specifically, the mistake concerns the accused’s belief that (state the name of the alleged victim) was at least 16 years of age, when the alleged lewd act(s) occurred.

Beyond a Reasonable Doubt in Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact Cases

First, if you find beyond a reasonable doubt that (state the name of the alleged victim) had not attained the age of 12 years, the defense of mistake of fact does not exist. The defense of mistake of fact can only be considered, as described below, if you find beyond a reasonable doubt that (state the name of the alleged victim) had attained the age of 12 but had not attained the age of 16.

The prosecution is not required to prove the accused knew that (state the name of the alleged victim) had not attained the age of 16 years at the time the alleged lewd act(s) occurred. However, an honest and reasonable mistake of fact as to (state the name of the alleged victim)’s age is a defense to (that) (those) charged offense(s).

“Mistake of fact as to age” in Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact cases under Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact means the accused held, as a result of ignorance or mistake, an incorrect belief that the other person engaging in the sexual conduct was at least 16 years old. The ignorance or mistake must have existed in the mind of the accused and must have been reasonable under all the circumstances. To be reasonable the ignorance or mistake must have been based on information, or lack of it, which would indicate to a reasonable person that (state the name of the alleged victim) was at least 16 years old.

Additionally, ignorance or mistake cannot be based on a negligent failure to discover the true facts. Negligence is the absence of due care, which is what a reasonably careful person would do under the same or similar circumstances.

Burden of mistake in Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact cases

The burden is on the defense to establish the accused was under this mistaken belief, by a preponderance of the evidence. A “preponderance” means more likely than not. If a preponderance does not convince you of the evidence that, at the time of the charged sexual abuse of a child, the accused was under a mistaken belief that (state the name of the alleged victim) was at least 16 years old, the defense does not exist.

Even if you conclude, the accused was under the honest and mistaken belief that (state the name of the alleged victim) was at least 16 years old, if a preponderance does not convince you of the evidence that, at the time of the charged sexual abuse of a child, the accused’s mistake was reasonable, the defense does not exist.

Voluntary intoxication and mistake of fact as to age in Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact cases. If there is evidence of the accused’s voluntary intoxication, the following instruction is appropriate:

There is evidence in this case that indicates that, at the time of the alleged sexual abuse of a child, the accused may have been under the influence of (alcohol) (drugs). The accused’s state of voluntary intoxication, if any, at the time of the offense is not relevant to mistake of fact. A mistaken belief that (state the name of the alleged victim) was at least 16 years of age must be what a reasonably careful, ordinary, prudent, sober adult would have had under the circumstances at the time of the offense.

Voluntary intoxication under Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact does not permit what would be an unreasonable belief in the mind of a sober person to be considered reasonable because the person is intoxicated.

Marriage. Marriage is an affirmative defense to sexual abuse of a child in Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact cases. If raised by some evidence, the military judge must advise the members that the defense has the burden of proving by a preponderance of the evidence that a marriage existed. When marriage between the accused and the alleged victim of the sexual abuse of a child has been raised, include the following instruction:

The evidence has raised the issue of marriage between the accused and (state the name of the alleged victim) concerning the offense(s) of sexual abuse of a child, as alleged in (the) Specification(s) (___) of (the) (Additional) Charge (___). It is a defense to (that) (those) charged offense(s) that the accused and (state the name of the alleged victim) were married to each other when the lewd act(s) occurred.

A “marriage” is a relationship, recognized by the laws of a competent State or foreign jurisdiction, between the accused and (state the name of the alleged victim) as spouses. A marriage exists until the laws of a competent State or foreign jurisdiction dissolve it.

The defense of marriage does not exist where the accused commits the alleged lewd act(s) upon (state the name of the alleged victim) when the accused knows or reasonably should know that she/he is asleep, unconscious or otherwise unaware that the lewd act(s) (is) (are) occurring or when she/he is incapable of consenting to the lewd act(s) due to impairment by any drug, intoxicant or other similar substance, and that condition was known or reasonably should have been known by the accused.

Burden of Proving Marriage in Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact

The defense has the burden of proving by a preponderance of the evidence that the defense of marriage exists. The term “preponderance” means more likely than not.

Therefore, unless a preponderance convinces you of the evidence that at the time of the lewd act(s) alleged, the accused and (state the name of the alleged victim) were married to each other, the defense of marriage does not exist.

Final Instructions in  Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact Cases

Even if a preponderance convinces you of the evidence that at the time of the lewd act(s) alleged, the accused and (state the name of the alleged victim) were married to each other, if you are not also convinced by a preponderance of the evidence that (state the name of the alleged victim) was not (asleep, unconscious or otherwise unaware of the lewd act(s) occurring) (incapable of consenting to the lewd act(s) due to impairment by any drug, intoxicant or other similar substance) or that the accused was not aware of and should not have been aware of such condition, the defense of marriage does not exist.

Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact Military Defense Lawyers

If you are suspected or accused of Article 120B UCMJ Sexual Abuse of a Child Involving Sexual Contact, speak with one of our experienced military court martial lawyers to discuss your case.

Introduction to Article 120B UCMJ: Sexual Abuse of a Child

Article 120B of the Uniform Code of Military Justice (UCMJ) addresses sexual abuse of a child involving sexual contact. This article aims to protect minors within the military community from sexual exploitation and abuse. The military takes these offenses very seriously due to the vulnerability of the victims and the need to maintain good order and discipline. This guide provides an in-depth understanding of Article 120B, including the elements of the offense, potential punishments, and the broader implications of a conviction.

Basics of Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact

To secure a conviction for sexual abuse of a child involving sexual contact under Article 120B, the prosecution must prove the following elements beyond a reasonable doubt:

• Victim’s Age: The victim was under 16 at the time of the offense.
• Sexual Contact: The accused engaged in sexual contact with the victim. “Sexual contact” includes any touching, either directly or through 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.
• Intent: The accused had the specific intent to commit the act with the intent to abuse, humiliate, harass, degrade, or gratify sexual desire.

Collateral Consequences of Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact Conviction

A conviction for sexual abuse of a child involving sexual contact under Article 120B has numerous collateral consequences, including:

• Sex Offender Registration: The convicted individual will be required to register as a sex offender, which involves being listed on public sex offender registries, regular reporting to law enforcement, and restrictions on residency and employment.
• Employment Challenges: Finding civilian employment can be extremely difficult for registered sex offenders, especially those with a dishonorable discharge. Many employers are hesitant to hire individuals with such a conviction.
• Loss of Military Benefits: Convicted individuals typically lose all military benefits, including retirement pay, healthcare benefits, and access to military facilities.
• Social Stigma: The social stigma attached to being a registered sex offender can lead to isolation, harassment, and difficulties in maintaining personal relationships.
• Legal Restrictions: Convicted sex offenders may face various legal restrictions, including limits on internet usage, travel, and contact with minors.

Impact on the Victim in Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact Cases

The impact of sexual abuse on a child victim can be profound and long-lasting. Victims of Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact may experience a range of emotional, psychological, and physical effects, including:

• Emotional Trauma: Feelings of shame, guilt, and anxiety are common among victims of sexual abuse. These feelings can persist into adulthood and affect all areas of life.
• Psychological Issues: Victims may develop mental health conditions such as depression, post-traumatic stress disorder (PTSD), and other anxiety disorders.
• Physical Health Problems: Sexual abuse can lead to physical injuries and long-term health issues, including sexually transmitted infections (STIs).
• Behavioral Changes: Victims may exhibit changes in behavior, such as withdrawal from social activities, difficulty in school, and increased risk-taking behaviors.
• Relationship Difficulties: Trust issues and difficulties in forming healthy relationships are common among survivors of sexual abuse.

Legal Defenses for Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact

Accused individuals have the right to present a defense against charges of sexual abuse of a child involving sexual contact. Common defenses to Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact include:

• Consent: While this defense is not applicable if the victim is under the age of consent (16), it may be argued if there is a question about the victim’s age.
• Mistaken Identity: The defense may argue that the accused was not the individual who committed the offense.
• False Accusations: The defense may present evidence suggesting that the accusations are false or motivated by ulterior motives.
• Lack of Intent: The defense may argue that the contact was accidental or not intended to be sexual in nature.

Importance of Legal Representation in Article 120b UCMJ Cases

Given the serious nature of the charges and the severe consequences of a conviction, it is crucial for individuals accused of sexual abuse of a child under Article 120B to seek experienced legal representation. A qualified military defense attorney can provide guidance, build a strong defense, and protect the accused’s rights throughout the legal process.

Article 120b UCMJ Military Defense Lawyers

Article 120B UCMJ’s provisions on sexual abuse of a child involving sexual contact are designed to protect minors within the military community and uphold the standards of conduct required for military service. The severe penalties and collateral consequences underscore the gravity of such offenses. Understanding the elements of the offense, potential defenses, and the importance of legal representation is essential for anyone facing such charges.

For more information on military law and the UCMJ, visit the official UCMJ website.

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

Potential Collateral Consequences of a Conviction of Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact

• Denied housing
• Loss of family
• Isolation
• No educational opportunities
• Unemployable
• Physical assault
• Increased homelessness
• Harassment
• Financial hardship
• Stigmatization
• The decline in mental health
• No internet access
• Deterioration of social bonds
• Loss of residency
• Deterioration of social bonds
• Difficulty finding employment
• Difficulty finding housing
• Difficulty with relationships
• Social disgrace and humiliation
• Loss of friends
• Loss of custody of children
• Lack of privacy

Potential Collateral Consequences of a Federal Conviction

• Employment will be severely limited (many employers won’t hire a convict)
• Inability to enroll in college, university, or trade school
• Loss of GI Bill
• Loss of military career
• Loss of retirement benefits.
• Loss of VA benefits.
• Loss of medical benefits.
• Loss of spouse, family members, and friends
• Loss of income while in jail
• Mental and physical suffering before and after prison
• Ineligibility for public benefits, such as food stamps
• Ineligibility for government-sponsored student loans and grants;
• Restrictions on certain types of employment or occupational licenses;
• Ineligibility to provide foster care to minor family members
• Prohibitions on working with children
• Loss of professional license or certification
• Limitations on adoption or foster care

Sexual Abuse of a Child Reporting Data

“In APY 22-23, there were several reports of sexual abuse of a child involving academy personnel, highlighting an urgent issue within military environments.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 12

“Reports involving the sexual abuse of a child represent a small but critical portion of the overall sexual misconduct cases handled by the Department.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 12

Demographics and Trends

“Most victims of sexual abuse of a child in APY 22-23 were under the age of 18, with a significant number of incidents reported by academy personnel.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“The majority of subjects involved in child sexual abuse cases were academy staff or associated personnel, reflecting the need for stringent background checks and monitoring.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“In APY 22-23, there were 10 reports of sexual abuse involving academy students that occurred prior to their military service.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 10

Military Justice Outcomes

“By the end of APY 22-23, several cases of sexual abuse of a child had progressed to military justice proceedings, reflecting the serious nature of these offenses.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

“Sexual abuse of a child cases resulted in various disciplinary actions, including 5 court-martial charges, 2 nonjudicial punishments, and 3 administrative discharges.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 16

Prevalence and Reporting

“The Department’s policy requires immediate referral of any report of sexual abuse of a child to the appropriate Military Criminal Investigative Organization (MCIO).”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 5

“In APY 22-23, 14 percent of reported cases of sexual abuse of a child were referred for criminal investigation.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 14

“Of the 50 criminal investigations initiated in APY 22-23, 10 involved allegations of sexual abuse of a child, underscoring the importance of protective measures.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 14

“Most victims in investigations of child sexual abuse are under the age of 18, with the majority of subjects being male.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18