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 governs sexual offenses involving minors. It outlines three offenses: rape of a child, sexual assault of a child, and sexual abuse of a child. Under military law, a child is defined as anyone under the age of 16.

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. The penalties are severe, with mandatory minimums for rape and sexual assault convictions, and lengthy confinement authorized. 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
• Conviction under Article 120b triggers mandatory sex-offender registration under DoD and federal law.
• 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 is enough for a conviction. For the specific type of sexual act defined as intentional genital touching not through clothing, the government must also prove that it was done with the intent to abuse, humiliate, harass, degrade, or to arouse or gratify sexual desire.
• 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 maximum punishment is life imprisonment without parole. The mandatory minimum is a dishonorable discharge (or dismissal for officers), and forfeiture of pay and allowances is authorized. The court has no discretion to impose a lesser discharge, but the exact term of confinement is determined at sentencing.

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. For a child aged 12 to 15, consent is not a defense and the government does not need to prove that you knew their age. However, you may raise an affirmative defense if you reasonably believed the child was at least 16, and you must prove that by a preponderance of the evidence. This defense does not apply to rape of a child. 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 include sexual contact; intentional exposure of genitalia, anus, buttocks, or female areola or nipple to a child; intentionally communicating indecent language to a child; and indecent conduct done with or in the presence of a child.

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:

• Maximum confinement is 20 years for cases involving sexual contact and 15 years for other lewd acts. A dishonorable discharge is authorized, along with forfeiture of all pay and allowances, but it is not mandatory in every case.

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.

FAQ – Article 120b UCMJ

1. What is Article 120b of the UCMJ?
Article 120b is the section of the Uniform Code of Military Justice that governs sexual offenses involving minors under 16. It includes three distinct crimes: rape of a child, sexual assault of a child, and sexual abuse of a child. Convictions carry severe punishments, including mandatory discharge for rape and sexual assault of a child, long confinement, and sex offender registration. In cases of sexual abuse of a child, a dishonorable discharge is authorized but not always mandatory.

2. How does Article 120b differ from Article 120?
Article 120 covers sexual misconduct involving adults, while Article 120b focuses exclusively on minors. The penalties are stricter because the law treats consent as legally irrelevant under 16. This makes Article 120b prosecutions more rigid and high stakes than adult sexual assault cases.

3. What are the potential punishments for Article 120b convictions?
The maximum punishment for rape of a child is life imprisonment without parole. Sexual assault of a child carries up to 30 years confinement, while sexual abuse ranges from 15 to 20 years depending on the conduct. Rape and sexual assault of a child require a dishonorable discharge or dismissal, while sexual abuse authorizes but does not always require that punishment. All convictions result in loss of benefits and mandatory registration.

4. Can consent be a defense in Article 120b cases?
Consent is never a valid defense when the alleged victim is under 16. However, in sexual assault or sexual abuse cases involving children aged 12 to 15, the accused may raise a “reasonable mistake-of-age” defense. The burden is on the defense to prove they reasonably believed the child was 16 or older.

5. What is considered a “lewd act” under Article 120b?
A lewd act includes sexual contact, intentional exposure of genitalia, anus, buttocks, or female breast to a child. It also covers indecent communication with a child and indecent conduct performed in the presence of a child. These cases often rely on interpretation, which makes defense strategy critical.

6. How quickly do Article 120b cases move through the system?
Accusations involving minors are treated as high priority by the Department of Defense. Investigations start immediately, sometimes before forensic evidence is collected. This speed means the accused must secure legal defense right away to avoid losing control of the process.

7. What rights does a service member have if accused under Article 120b?
Every accused service member has the right to remain silent and to consult with a lawyer before speaking to investigators. They can refuse consent to searches of phones, barracks, or vehicles without a proper warrant. Exercising these rights early is often the difference between conviction and acquittal.

8. What common defenses are used in Article 120b cases?
Defense attorneys often challenge the credibility of the accuser, the accuracy of digital evidence, or whether the act occurred at all. In some cases, the defense relies on the mistake-of-age argument if the alleged victim was between 12 and 15. Expert witnesses may also be used to analyze statements, timelines, and forensic data.

9. Does a conviction under Article 120b require sex offender registration?
Yes, conviction automatically triggers federal and DoD sex offender registration requirements. This means the accused must register in civilian systems after release from confinement or discharge. Registration can severely impact housing, employment, and long-term quality of life.

10. Why is it critical to hire an experienced military defense attorney for Article 120b cases?
Article 120b charges are some of the most aggressively prosecuted crimes in the military justice system. An experienced attorney understands the procedural traps, command politics, and evidentiary rules that shape these cases. Without specialized legal defense, the accused risks maximum penalties and lifelong consequences.

 

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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.