UCMJ Article 120b allegations or appeal an Article 120b conviction

Article 120b Rape and Sexual Assault of a Child is a new offense created under the 2022 NDAA. Article 120 used to have a short description of elements that took up only about a paragraph. Now Article 120 is broken up into several specific offenses which encompass many elements.  Persons facing Article 120b allegations or the need to appeal an Article 120b conviction, should consult with an attorney with many years of experience in these types of cases.

Article 120, Article 120b, and Article 120c 

Included in those offenses are: wrongful broadcast or distribution of intimate visual images; rape and sexual assault, including of children, and certain other types of “sexual misconduct” where service members could be charged with Articles 120, 120b, and 120c;  

Elements of Article 120b  

Article 120b Rape and Sexual Assault of a Child includes the following elements: rape, sexual assault, or physical abuse or threats to abuse a child under the age of 16 years old. Persons suspected of these elements could face charges under Article 120b of the UCMJ.  

Congress acts to increase prosecutions for Article 120b 

Congress, in its quest to rid the services of sexual assault, directs that each military service create an Office of the Special Trial Counsel (STC) within the next two years. The STC is granted authority to refer certain offenses to court-martial.  

Professionalizing the charging decision by creating an Office of the Special Trial Counsel (STC) will not necessarily harm accused service members.  Whether senior commanders or experienced Judge Advocates make the decision to refer charges does not change the actual strength or weakness of the evidence at trial.  Under the current rules, senior Judge Advocates advise flag officers on the decision of whether or not to refer charges.

If you find yourself charged with Article 120, Article 120b, or Article 120c, you need an experienced military lawyer to help you mount an aggressive defense. Protect your freedom. 

No matter where you are stationed in the world, contact my office at +‪(757) 504-2815 or through our convenient online form to schedule a consultation. 

Attorney Peter Kageleiry, Jr., focuses his legal practice exclusively on military court-martial law and related adverse administrative actions. 

For more information on this offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.

Contact The Law Office of Peter Kageleiry, Jr.

No matter where you are stationed in the world, contact my office +‪(757) 504-2815 or through our convenient online form to schedule a consultation.

Attorney Peter Kageleiry, Jr., focuses his legal practice exclusively on military court-martial law and related adverse administrative actions.