Sec. 1752. SENSE OF CONGRESS ON DISPOSITION OF CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE THROUGH COURTS-MARTIAL

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## SEC. 1752 SENSE OF CONGRESS ON DISPOSITION OF CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE THROUGH COURTS-MARTIAL ###

(a)Sense of Congress It is the sense of Congress that— ####

(1)any charge regarding an offense specified in subsection

(b)should be disposed of by court-martial, rather than by non-judicial punishment or administrative action; and ####

(2)in the case of any charge regarding an offense specified in subsection

(b)that is disposed of by non-judicial punishment or administrative action, rather than by court-martial, the disposition authority should include in the case file a justification for the disposition of the charge by non-judicial punishment or administrative action, rather than by court-martial. ###

(b)Covered Offenses An offense specified in this subsection is any of the following offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice): ####

(1)Rape or sexual assault under subsection

(a)or

(b)of section 920 of such title (article 120 of the Uniform Code of Military Justice). ####

(2)Forcible sodomy under section 925 of such title (article 125 of the Uniform Code of Military Justice). ####

(3)An attempt to commit an offense specified in paragraph

(1)or (2), as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).