Maximum Punishments Article 120 UCMJ Rape & Sexual Assault
Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 120 UCMJ Sex Crimes? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.
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Note: The maximum and minimum punishments for Article 120 UCMJ vary depending on the date of the offense.
In the military, the crimes under Article 120 UCMJ (Rape, Sexual Assault, Aggravated Sexual Contact, and Abusive Sexual Contact) are some of the most serious offenses under the UCMJ. Therefore, they carry significant mandatory punishments. Article 120 UCMJ offenses committed after December 27, 2023, carry mandatory minimum jail sentences. If convicted, the defendant must register as a Federal and State sex offender. Manual for Courts-Martial, United States (2024 ed.)
What are the Maximum Punishments for Article 120 UCMJ (Rape, Sexual Assault, Aggravated Sexual Contact, and Abusive Sexual Contact)?
Article 120 UCMJ: Rape By Force – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, life without eligibility for parole, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 4 Offense – Confinement from 120-240 months (10 to 20 years), a DD, TF, and E-1
Article 120 UCMJ: Rape By Force Likely to Cause Death or Grievous Bodily Harm – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, life without eligibility for parole, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 4 Offense – Confinement from 120-240 months (10 to 20 years), a DD, TF, and E-1
Article 120 UCMJ: Rape By Threatening or Placing in Fear – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, life without eligibility for parole, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 4 Offense – Confinement from 120-240 months (10 to 20 years), a DD, TF, and E-1
Article 120 UCMJ: Rape By First Rendering Unconscious – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, life without eligibility for parole, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 4 Offense – Confinement from 120-240 months (10 to 20 years), a DD, TF, and E-1
Article 120 UCMJ: Rape By Administering Drug/Intoxicant/Other Similar Substance – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, life without eligibility for parole, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 4 Offense – Confinement from 120-240 months (10 to 20 years), a DD, TF, and E-1
Article 120 UCMJ: Sexual assault By Threatening or Placing That Other Person in Fear – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 30 years, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Sexual assault by inducing a belief by artifice, pretense, or concealment that the accused was another person – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 30 years, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Sexual assault By Fraudulent Representation – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 30 years, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Sexual assault By False Pretense – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 30 years, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Sexual assault Without Consent – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 30 years, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Sexual assault Of a Person Who is Asleep, Unconscious, or Otherwise Unaware the Act is Occurring – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 30 years, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Sexual assault When the Other Person Is Incapable of Consenting – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 30 years, E-1
- A dishonorable discharge or a dismissal is a mandatory minimum sentence for this offense.
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Aggravated sexual contact by Force – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 20 years, E-1
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Aggravated sexual contact by Force Likely to Cause Death or Grievous Bodily Harm – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 20 years, E-1
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Aggravated sexual contact by Threatening or Placing That Other Person in Fear That Any Person Would Be Subjected to Death, Grievous Bodily Harm, or Kidnapping – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 20 years, E-1
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Aggravated sexual contact by First Rendering That Other Person Unconscious – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 20 years, E-1
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Aggravated sexual contact by Administering a Drug, Intoxicant, or Other Similar Substance – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 20 years, E-1
- Offenses committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1
Article 120 UCMJ: Abusive sexual contact by Threatening or Placing That Other Person in Fear – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 7 years, E-1
- Offenses committed after 27 Dec 2023: Category 2 Offense – Confinement from 1-36 months (1 month to 3 years), a DD, TF, and E-1
Article 120 UCMJ: Abusive sexual contact by Fraudulent Representation – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 7 years, E-1
- Offenses committed after 27 Dec 2023: Category 2 Offense – Confinement from 1-36 months (1 month to 3 years), a DD, TF, and E-1
Article 120 UCMJ: Abusive sexual contact by False Pretense – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 7 years, E-1
- Offenses committed after 27 Dec 2023: Category 2 Offense – Confinement from 1-36 months (1 month to 3 years), a DD, TF, and E-1
Article 120 UCMJ: Abusive sexual contact by Without Consent – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 7 years, E-1
- Offenses committed after 27 Dec 2023: Category 2 Offense – Confinement from 1-36 months (1 month to 3 years), a DD, TF, and E-1
Article 120 UCMJ: Abusive sexual contact by of a Person Who Is Asleep, Unconscious, or Otherwise Unaware the Act is Occurring – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 7 years, E-1
- Offenses committed after 27 Dec 2023: Category 2 Offense – Confinement from 1-36 months (1 month to 3 years), a DD, TF, and E-1
Article 120 UCMJ: Abusive sexual contact by When that Person is Incapable of Consenting – Maximum Punishments
- Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 7 years, E-1
- Offenses committed after 27 Dec 2023: Category 2 Offense – Confinement from 1-36 months (1 month to 3 years), a DD, TF, and E-1
Charged with a UCMJ Article 120 military sexual assault?
Call our Article 120 UCMJ court-martial defense lawyers to discuss how to fight your court-martial case and get the best result possible.
What are the Collateral Consequences of Sex Offender Registration and Military Sex Offense Conviction?
- Register as a State & Federal Sex Offender
- 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
Infographic on the Maximum Punishment for Sexual Assault, Article 120 UCMJ
What are the Collateral Consequences of a Military Conviction?
- Loss of all veteran and government benefits
- Loss of disability and unemployment benefits
- Loss of voting rights.
- Loss of the ability to legally own or possess firearms.
- Inability to qualify for bank loans or college financial aid.
- Difficulty in obtaining meaningful employment.
- Criminal records will remain in law enforcement databases.
Maximum Punishment Chart for Article 120 Sex Crimes 1 Oct 2007
Table of Maximum Punishments for Article 120 UCMJ cases, Sexual Offenses. The Article 120 UCMJ minimum punishment for most cases is a mandatory dishonorable discharge or dismissal. These punishments do not cover Article 120b UCMJ or Article 128, UCMJ offenses.
Military sexual assault laws change often. For current crimes and punishments, call a military defense lawyer who specializes in military sex crimes.
| Offense | Discharge | Years of Confinement | Forfeitures |
| Rape and Rape of a Child | DD, BCD | Death/Life in Prison | Total |
| Aggravated Sexual Assault | DD, BCD | 30 years | Total |
| Aggravated Sexual Assault of a Child | DD, BCD | 20 years | Total |
| Aggravated Sexual Abuse of a Child | DD, BCD | 20 years | Total |
| Aggravated Sexual Contact | DD, BCD | 20 years | Total |
| Aggravated Sexual Contact with a Child | DD, BCD | 20 years | Total |
| Abusive Sexual Contact with a Child | DD, BCD | 15 years | Total |
| Indecent Liberty with a Child | DD, BCD | 15 years | Total |
| Abusive Sexual Contact | DD, BCD | 7 years | Total |
| Indecent Act | DD, BCD | 5 years | Total |
| Forcible Pandering | DD, BCD | 5 years | Total |
| Wrongful Sexual Contact | DD, BCD | 1 year | Total |
| Indecent Exposure | DD, BCD | 1 year | Total |