Article 120 Elements

Where “Sexual act” is an element. The victim is a child.

Offense Elements MCM Para 45
Rape of a child not yet 12 (i) That the accused engaged in a sexual act with a child; and (ii) That at the time of the sexual act the child had not attained the age of twelve years. b(2)(a)
Rape of a child who has attained the age of 12 years but has not attained the age of 16 years By using force (i) That the accused engaged in a sexual act with a child; (ii) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and (iii) That the accused did so by using force against that child. b(2)(b)
By causing grievous bodily harm (i) That the accused engaged in a sexual act with a child; (ii) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and (iii) That the accused did so by causing grievous bodily harm to any person. b(2)(c)
By using threats or placing in fear (i) That the accused engaged in a sexual act with a child; (ii) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and (iii) That the accused did so by threatening or placing that child in fear that any person will be subjected to death, grievous bodily harm, or kidnapping. b(2)(d)
By rendering that child unconscious (i) That the accused engaged in a sexual act with a child; (ii) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and (iii) That the accused did so by rendering that child unconscious. b(2)(e)
Rape of a child who has attained the age of 12 years but has not attained the age of 16 years By administration of drug, intoxicant, or other similar substance (i) That the accused engaged in a sexual act with a child; (ii) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years; and (iii) (a) That the accused did so by administering to that child a drug, intoxicant, or other similar substance; (b) 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 child; and (c) That, as a result, that child’s ability to appraise or control conduct was substantially impaired. b(2)(f)
Aggravated sexual assault of a child who has attained the age of 12 years but has not attained the age of 16 years (a) That the accused engaged in a sexual act with a child; and (b) That at the time of the sexual act the child had attained the age of 12 years but had not attained the age of 16 years. b(4)
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