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It is the same level of injury as in Article 128, and a lesser degree of injury than in section 2246(4) of title 18. The term 'dangerous weapon or object' means:(a) any firearm, loaded or not, and whether operable or not;(b) any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used, or is intended to be used, is known to be capable of producing death or grievous bodily harm; or(c) any object fashioned or utilized in such a manner as to lead the victim under the circumstances to reasonably believe it to be capable of producing death or grievous bodily harm. The term 'force' means action to compel submission of another or to overcome or prevent another's resistance by:(a) the use or display of a dangerous weapon or object;(b) the suggestion of possession of a dangerous weapon or object that is used in a manner to cause another to believe it is a dangerous weapon or object; or(c) physical violence, strength, power, or restraint applied to another person, sufficient that the other person could not avoid or escape the sexual conduct. The term 'threatening or placing that other person in fear' for the charge of 'rape' or the charge of 'aggravated sexual contact' means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to death, grievous bodily harm, or kidnapping. It includes one who with the requisite intent exposes one's genitalia, anus, buttocks, or female areola or nipple to a child.An indecent liberty may consist of communication of indecent language as long as the communication is made in the physical presence of the child.Indecent Act: Dishonorable Discharge, confinement for 5 yrs, and forfeiture of all pay and allowances.Forcible Pandering: Dishonorable Discharge, confinement for 5 yrs, and forfeiture of all pay and allowances.Aggravated Sexual Assault: Dishonorable Discharge, confinement for 30 yrs, and forfeiture of all pay and allowances.Aggravated Sexual Assault of a Child: Dishonorable Discharge, confinement for 20 yrs, and forfeiture of all pay and allowances.These 36 offenses replace those offenses under the former Article 120 and others that used to be MCM offenses under Article 134 (the "General" Article).
Rape and Rape of a Child: Dishonorable Discharge, death or confinement for Life, and forfeiture of all pay and allowances.An expression of lack of consent through words or conduct means there is no consent.Lack of verbal or physical resistance or submission resulting from the accused's use of force, threat of force, or placing another person in fear does not constitute consent.If words designed to excite sexual desire are spoken to a child or a child is exposed to or involved in sexual conduct, it is an indecent liberty; the child's consent is not relevant. The term 'indecent conduct' means that form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.Indecent conduct includes observing, or making a videotape, photograph, motion picture, print, negative, slide, or other mechanically, electronically, or chemically reproduced visual material, without another person's consent, and contrary to that other person's reasonable expectation of privacy, of --(a) that other person's genitalia, anus, or buttocks, or (if that other person is female) that person's areola or nipple; or(b) that other person while that other person is engaged in a sexual act, sodomy (under Article 125 ), or sexual contact. The term 'act of prostitution' means a sexual act, sexual contact, or lewd act for the purpose of receiving money or other compensation. The term 'consent' means words or overt acts indicating a freely given agreement to the sexual conduct at issue by a competent person.