Article 120 Elements

Where “Sexual act” is an element. The victim can be of any age.

Offense Elements MCM Para 45
Rape By using force That the accused caused another person, who is of any age, to engage in a sexual act by using force against that other person. b(1)(a)
By causing grievous bodily harm That the accused caused another person, who is of any age, to engage in a sexual act by causing grievous bodily harm to any person. b(1)(b)
By using threats or placing in fear That the accused caused another person, who is of any age, to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping. b(1)(c)
By rendering another unconscious That the accused caused another person, who is of any age, to engage in a sexual act by rendering that other person unconscious. b(1)(d)
By administration of drug, intoxicant, or other similar substance (i) That the accused caused another person, who is of any age, to engage in a sexual act by administering to that other person a drug, intoxicant, or other similar substance; (ii) That the accused administered the drug, intoxicant or other similar substance by force or threat of force or without the knowledge or permission of that other person; and (iii) That, as a result, that other person’s ability to appraise or control conduct was substantially impaired. b(1)(e)
Aggravated sexual assault By using threats or placing in fear (i) That the accused caused another person, who is of any age, to engage in a sexual act; and (ii) That the accused did so by threatening or placing that other person in fear that any person would be subjected to bodily harm or other harm (other than by threatening or placing that other person in fear that any person would be subjected to death, grievous bodily harm, or kidnapping). b(3)(a)
By causing bodily harm (i) That the accused caused another person, who is of any age, to engage in a sexual act; and (ii) That the accused did so by causing bodily harm to another person. b(3)(b)
Upon a person substantially incapacitated or substantially incapable of appraising the act, declining participation, or communicating unwillingness (i) That the accused engaged in a sexual act with another person, who is of any age; and (Note: add one of the following elements) (ii) That the other person was substantially incapacitated; (iii) That the other person was substantially incapable of appraising the nature of the sexual act; (iv) That the other person was substantially incapable of declining participation in the sexual act; or (v) That the other person was substantially incapable of communicating unwillingness to engage in the sexual act. b(3)(c)
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