The wording from the appropriations bill.
...............................................
8 (d) DEFINITIONS.In this section:
9 (1) ACT OF PROSTITUTION.The term act of
10 prostitution means a sexual act or sexual contact
11 (as defined in section 920(g) of this title (article
12 120(g))) on account of which anything of value is
13 given to, or received by, any person.
14 (2) PRIVATE AREA.The term private area
15 means the naked or underwear-clad genitalia, anus,
16 buttocks, or female areola or nipple.
17 (3) REASONABLE EXPECTATION OF PRI18
VACY.The term under circumstances in which
19 that other person has a reasonable expectation of
20 privacy means
21 (A) circumstances in which a reasonable
22 person would believe that he or she could dis
23
robe in privacy, without being concerned that
24 an image of a private area of the person was
25 being captured; or
1 (B) circumstances in which a reasonable
2 person would believe that a private area of the
3 person would not be visible to the public.
4 (4) BROADCAST.The term broadcast means
5 to electronically transmit a visual image with the in6
tent that it be viewed by a person or persons.
7 (5) DISTRIBUTE.The term distribute
8 means delivering to the actual or constructive pos9
session of another, including transmission by elec10
tronic means.
11 (6) INDECENT MANNER.The term indecent
12 manner means conduct that amounts to a form of
13 immorality relating to sexual impurity which is
14 grossly vulgar, obscene, and repugnant to common
15 propriety, and tends to excite sexual desire or de16
prave morals with respect to sexual relations..
17 (d) REPEAL OF SODOMY ARTICLE.Section 925 of
18 such title (article 125 of the Uniform Code of Military
19 Justice) is repealed.
20 (e) CONFORMING AMENDMENTS.Chapter 47 of
21 such title (the Uniform Code of Military Justice) is further
22 amended as follows:
23 (1) STATUTE OF LIMITATIONS.Subparagraph
24 (B) of section 843(b)(2) (article 43(b)(2)) is amend25
ed
1 (A) in clause (i), by striking section 920
2 of this title (article 120) and inserting sec3
tion 920, 920a, 920b, or 920c of this title (arti4
cle 120, 120a, 120b, or 120c);
5 (B) by striking clause (iii); and
6 (C) in clause (v)
7 (i) by striking indecent assault;
8 (ii) by striking rape, or sodomy,
9 and inserting or rape,; and
10 (iii) by striking or liberties with a
11 child.
12 (2) MURDER.Paragraph (4) of section 918
13 (article 118) is amended
14 (A) by striking sodomy,; and
15 (B) by striking aggravated sexual as16
sault, and all that follows through with a
17 child, and inserting sexual assault, sexual as18
sault of a child, aggravated sexual contact, sex19
ual abuse of a child,.
The problem is that the definition of “rape” in the UCMC includes only “sexual intercourse.” http://usmilitary.about.com/library/milinfo/ucmj/blart-120.htm
I hope there’s a separate crime that includes forcible sodomy, such as “sexual assault” or something, or else the repeal of sodomy as a crime in the UCMC will mean that forcible sodomy won’t be a crime in the military.