Article 120b UCMJ – Sexual Misconduct Involving a Minor

When a service member is accused of misconduct involving a minor, the military response is immediate and unforgiving. Article 120b of the UCMJ is the statute used in these cases. It outlines three felony-level charges: rape of a child, sexual assault of a child, and sexual abuse of a child. While each offense has its own legal framework, all are based on one fact: the alleged victim is under the age of consent, typically 16 under military law.

Why These Charges Move So Fast

Once the allegation is made, the system doesn’t wait. Investigators are called. Command is notified. The case begins moving toward court-martial, sometimes before any forensic evidence is gathered. The Department of Defense treats accusations involving minors as high priority, often advancing them aggressively regardless of the strength of the underlying case. Even when the accusation is weak or uncorroborated, the institutional pressure to prosecute is immense.

How Article 120b Differs from Article 120

While Article 120 covers sexual misconduct involving adults, Article 120b is entirely focused on minors. The penalties are stricter. The evidentiary expectations shift. And the outcomes, if convicted, are mandatory. These aren’t cases where administrative discharge is likely. If a service member is convicted under 120b, they face:

• Dishonorable discharge
• Total loss of military benefits
• Mandatory sex offender registration
• Years, or even life, behind bars

In these cases, doing nothing is never neutral. A passive response can destroy a career and leave no path back.

Rape of a Child Under Article 120b

This is the most severe charge in the statute. It applies when the accused is alleged to have committed a sexual act with someone under the age of 16. The law breaks this into two categories:

• If the child is under 12, any sexual act at all is enough for a conviction. Consent, force, or intent doesn’t matter.
• If the child is between 12 and 16, the prosecution must prove the act plus one aggravating factor, such as:
  • Use of force
  • Threats or coercion
  • Intoxication or unconsciousness
  • Fear of harm or retaliation

If convicted, the sentencing is automatic:

• Life imprisonment without the possibility of parole
• Dishonorable discharge
• Full forfeiture of pay, rank, and military retirement

This isn’t a charge the court has discretion with. The penalties are written into law, and they are mandatory.

Sexual Assault of a Child

This charge doesn’t involve force or coercion. It comes up when there’s an accusation that a sexual act happened with someone between 12 and 16. If the prosecution believes the accused should’ve known the person was underage, even if they didn’t, they’ll push forward. The military doesn’t allow for any version of “consent” in this age range. Legally, it doesn’t matter what either person thought. That’s what makes these cases so rigid.
Possible defenses may focus on:

• The age of the accuser and whether it was verifiable
• Whether the act actually occurred
• Whether the accused reasonably believed the other person was of legal age

Conviction carries:

• Up to 30 years confinement
• Dishonorable discharge
• Total forfeiture of all pay and allowances

These cases are often built around statements and messaging, texts, DMs, social media, and not always supported by physical evidence. That’s why your legal defense must start early and be focused.

Sexual Abuse of a Child

Sexual abuse charges under Article 120b don’t require penetration. These cases usually focus on lewd behavior or unlawful contact. The statute includes:

• Lewd acts performed in the presence of a minor
• Physical contact with private areas: genitals, inner thigh, buttocks, breasts, intended for sexual gratification or humiliation

If there’s no sexual act, but the conduct is seen as intentionally sexual and the alleged victim is underage, the government may file this charge.
Sentences vary based on the conduct:

• Up to 20 years for cases involving physical contact
• Up to 15 years for lewd acts without contact
• Dishonorable discharge and total forfeiture in all cases

Because these charges often rely on how the conduct is interpreted, defense strategy must focus on motive, context, and credibility. Eyewitnesses, digital records, and behavior history can all shift the direction of a case.

What Happens If You're Accused

From the moment you’re under investigation, every step matters. Military sex crime allegations don’t slow down. You may face pretrial confinement before charges are even filed. You may be advised not to speak, but command may still pressure you to talk. Investigators will start collecting every message, every call, every possible witness. That’s why your first step must be to protect yourself.

• Don’t speak to CID without a lawyer
• Don’t consent to phone or room searches
• Don’t try to explain anything informally
• Contact a defense attorney immediately

Why Experience Matters in Article 120b Cases

Joseph L. Jordan is a military sex crime attorney who has defended clients in some of the highest-stakes Article 120b cases the UCMJ system has ever seen. As a former Army JAG, he understands the command dynamics, the politics, and the procedural traps these cases create. He knows how the government builds these prosecutions and how to dismantle them piece by piece.

He’s defended Soldiers, Marines, Sailors, Airmen, and Guardians worldwide. His strategy combines:

• Forensic review
• Statement breakdowns
• Timeline reconstruction
• Witness analysis
• Expert testimony when needed

This isn’t theory. It’s courtroom execution built on real-world experience.

📞 Call (888) 689-4495 now for a confidential consultation.

If you’ve been accused of rape, sexual assault, or sexual abuse involving a minor under Article 120b, your defense can’t wait. The charges move fast. You need a team that moves faster.