Sec. 5430. RAPE AND SEXUAL ASSAULT OFFENSES

708 words·~3 min read·/statute-compilations/comps-13740/sec-5430

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 5430 RAPE AND SEXUAL ASSAULT OFFENSES ###

(a)Offense of Sexual Assault Subsection

(b)of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended— ####

(1)in paragraph (1)— #####

(A)by striking subparagraph (B); and #####

(B)by redesignating subparagraphs

(C)and

(D)as subparagraphs

(B)and (C), respectively; and ####

(2)in paragraph (2)— #####

(A)by striking “ another person when ” and inserting > “another person— > > > ##### “(B) > > when” > ; and #####

(B)by inserting before subparagraph (B), as added by subparagraph

(A)of this paragraph, the following new subparagraph: > > ##### “(A) > > without the consent of the other person; or” > . ###

(b)Definitions ####

(1)Sexual act Paragraph

(1)of subsection

(g)of such section (article) is amended to read as follows: > > #### “(1) Sexual act > > The term ‘sexual act’ means— > > > ##### “(A) > > the penetration, however slight, of the penis into the vulva or anus or mouth; > > > ##### “(B) > > contact between the mouth and the penis, vulva, scrotum, or anus; or > > > ##### “(C) > > the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person.” > . ####

(2)Sexual contact Paragraph

(2)of such subsection is amended to read as follows: > > #### “(2) Sexual contact > > The term ‘sexual contact’ means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, brest, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.” > . ####

(3)Repeal of definition of bodily harm Such subsection is further amended— #####

(A)by striking paragraph (3); and #####

(B)by redesignating paragraphs

(4)through

(8)as paragraphs

(3)through (7), respectively. ####

(4)Consent Paragraph

(7)of such subsection, as redesignated by paragraph (3)(B) of this subsection, is further amended— #####

(A)in subparagraph (A)— ######

(i)in the second sentence, by striking “or submission resulting from the use of force, threat of force, or placing another in fear”; ######

(ii)by inserting after the second sentence, as amended by clause

(i)of this subparagraph the following new sentence: “Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent.”; and ######

(iii)in the last sentence, by striking “shall not” and inserting “does not”; #####

(B)in subparagraph (B), by striking “subparagraph

(B)or (D)” and inserting “subparagraph

(B)or (C)”; and #####

(C)in subparagraph (C)— ######

(i)by striking the first sentence; and ######

(ii)in the last sentence, by striking “, or whether” and all that follows and inserting a period. ####

(5)Incapable of consenting Such subsection is further amended by adding at the end the following new paragraph (8): > > #### “(8) Incapable of consenting > > The term ‘incapable of consenting’ means the person is— > > > ##### “(A) > > incapable of appraising the nature of the conduct at issue; or > > > ##### “(B) > > physically incapable of declining participation in, or communicating unwillingess to engage in, the sexual act at issue.” > . ###

(c)Rape and Sexual Assault of a Child Subsection (h)(1) of section 920b of title 10, United States Code (article 120b of the Uniform Code of Military Justice), is amended by inserting before the period at the end the following: “, except that the term ‘sexual act’ also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person”.