Home > 105th Congressional Bills > H.R. 470 (ih) To curtail illegal immigration through increased enforcement of the employer sanctions provisions in the Immigration and Nationality Act and related laws. ...H.R. 470 (ih) To curtail illegal immigration through increased enforcement of the employer sanctions provisions in the Immigration and Nationality Act and related laws. ...
108th CONGRESS
2d Session
H. R. 4709
To amend the Uniform Code of Military Justice to bring sexual assault
crimes under military law into parallel with sexual assault crimes
under Federal law, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2004
Ms. Loretta Sanchez of California introduced the following bill; which
was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend the Uniform Code of Military Justice to bring sexual assault
crimes under military law into parallel with sexual assault crimes
under Federal law, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Sexual Assault Crimes
Revision Act of 2004''.
SEC. 2. MILITARY SEXUAL ABUSE.
(a) Sexual Abuse.--Section 920 of title 10, United States Code
(article 120 of the Uniform Code of Military Justice), is amended to
read as follows:
``Sec. 920. Art. 120. Sexual abuse
``(a) Any person subject to this chapter who knowingly--
``(1) causes another person to engage in a sexual act by
using force against that other person;
``(2) causes another person 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;
``(3) renders another person unconscious and thereby
engages in a sexual act with that other person; or
``(4) administers to another person by force or threat of
force, or without the knowledge or permission of that other
person, a drug, intoxicant, or other similar substance and
thereby--
``(A) substantially impairs the ability of that
other person to appraise or control conduct; and
``(B) engages in a sexual act with that other
person;
is guilty of aggravated sexual abuse and shall be punished as a court-
martial may direct.
``(b) Any person subject to this chapter who knowingly engages in a
sexual act with another person who has not attained the age of twelve
years is guilty of aggravated sexual abuse of a child and shall be
punished as a court-martial may direct. In a prosecution under this
subsection, it need not be proven that the accused knew that the other
person engaging in the sexual act had not attained the age of twelve
years.
``(c) Any person subject to this chapter who knowingly--
``(1) causes another person to engage in a sexual act by
threatening or placing that other person in fear (other than by
threatening or placing that other person in fear that any
person will be subjected to death, grievous bodily harm, or
kidnapping); or
``(2) engages in a sexual act with another person if that
other person is--
``(A) incapable of appraising the nature of the
conduct; or
``(B) physically incapable of declining
participation in, or communicating unwillingness to
engage in, that sexual act;
is guilty of sexual abuse and shall be punished as a court-martial may
direct.
``(d)(1) Any person subject to this chapter who knowingly engages
in a sexual act with another person who--
``(A) has attained the age of twelve years but has not
attained the age of sixteen years; and
``(B) is not that person's spouse;
is guilty of sexual abuse of a minor and shall be punished as a court-
martial may direct.
``(2) In a prosecution under this subsection, it need not be proven
that the accused knew the age of the other person engaging in the
sexual act.
``(3) In a prosecution under this subsection, it is an affirmative
defense that the accused reasonably believed that the other person had
attained the age of sixteen years. The accused has the burden of
proving a defense under this paragraph by a preponderance of the
evidence.
``(e) Any person subject to this chapter who knowingly engages in a
sexual act with another person who is--
``(1) in official detention or confinement;
``(2) under the custodial, supervisory, or disciplinary
authority of the person so engaging; and
``(3) is not that person's spouse;
is guilty of sexual abuse of a prisoner and shall be punished as a
court-martial may direct.
``(f) In this section, the term `sexual act' means--
``(1) contact between the penis and the vulva or the penis
and the anus, and for purposes of this subparagraph contact
involving the penis occurs upon penetration, however slight;
``(2) contact between the mouth and the penis, the mouth
and the vulva, or the mouth and the anus;
``(3) the penetration, however slight, of the anal or
genital opening of another by a hand or finger or by any
object, with an intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any person; or
``(4) the intentional touching, not through the clothing,
of the genitalia of another person who has not attained the age
of sixteen years with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any
person.''.
(b) Conforming Amendments.--(1) Paragraph (4) of section 918 of
title 10, United States Code (article 118 of the Uniform Code of
Military Justice), is amended by striking ``rape,'' and inserting
``aggravated sexual abuse, aggravated sexual abuse of a child,''.
(2) Subsection (b)(2)(B)(i) of section 843 of title 10, United
States Code (article 43 of the Uniform Code of Military Justice), is
amended by striking ``Rape or carnal knowledge'' and inserting
``Aggravated sexual abuse of a child or sexual abuse of a minor''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of title 10, United States Code, is amended by striking the
item relating to section 920 and inserting the following new item:
``920. Art. 120. Sexual abuse.''.
(d) Effective Date.--The amendments made by this section shall take
effect 6 months after the date of the enactment of this Act and apply
with respect to offenses committed after such effective date.
(e) Interim Maximum Punishments.--Until the President otherwise
provides pursuant to section 856 of title 10, United States Code
(article 56 of the Uniform Code of Military Justice), the punishment
which a court-martial may direct for an offense under section 920 of
such title (article 120 of the Uniform Code of Military Justice), as
amended by this section, may not exceed the following limits:
(1) For aggravated sexual abuse or aggravated sexual abuse
of a child, such punishment may not exceed dishonorable
discharge, forfeiture of all pay and allowances, and
confinement for life without eligibility for parole.
(2) For sexual abuse or sexual abuse of a minor, such
punishment may not exceed dishonorable discharge, forfeiture of
all pay and allowances, and confinement for twenty years.
(3) For sexual abuse of a prisoner, such punishment may not
exceed bad-conduct discharge, forfeiture of all pay and
allowances, and confinement for one year.
(f) No Preemption.--The prosecution or punishment of an accused for
an offense under section 920 of title 10, United States Code (article
120 of the Uniform Code of Military Justice), as amended by this
section, does not preclude the prosecution or punishment of that
accused for any other offense.
<all>
Pages: 1 Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |