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UCMJ Article 120 Questions

What is Article 120?

Article 120 covers rape, sexual assault, and other sexual misconduct. This article includes thirty-six offenses. When people are faced with situations like this, they can ask the Experts for advice. Listed below are five of the top article 120 questions.

If a new trainee in tech school training was drinking with a group of peers and while intoxicated violated the new Article 120 by committing a wrongful sexual act, indecent act or indecent exposure what would be expected in a summary court martial?

In most situations, a summary court is not a criminal court. They can only confine for a month and take 2/3 of one month pay. Usually the military will not discharge for Article 120.

Is there a statute of limitations for submitting an allegation of violation of Article 120?

In the UCMJ, there is no statute of limitations for court-martial for violation of Article 120.That is because it carries with it a possibility of death. Under Article 43 of the UCMJ crimes that could be punished by death have no statute of limitations.

If someone is, an active duty marine and they have a civilian that is trying to stop them from marrying their daughter. The party has been in the Marine Corps 2 years and was wondering if they could charge him with stalking under the UCMJ article 120 a stalking because he knows all the party’s personal information.

The civilian cannot be charged under the UCMJ. UCMJ only applies to active duty military members. The individual would need to get in touch with the local law enforcement if the individual thinks that the civilian is breaking the law.

Someone that is retired from the army in 1985, had sex with a twenty-year-old female trainee in the military in 1981 what is the statue of limitations?

In Article 120 of the UCMJ, the statute of limitations for a charge of sexual mistreatment (other than mistreatment of a kid) is five-years. The statute of limitations for taking legal action on the individual ran out further than two decades ago.

If someone is being offered an Article 15 for sex crime (article 120) charge vice general court martial since they tendered his or her resignation, is this a good deal?

To many this would not be considered a bad deal, since court-martial would lead to a full criminal charge if you lost. An Article 15 is non-judicial, so it isn’t a misdemeanor or felony.

Article 120 is a very complicated topic. It can span one question after another. It covers thirty-six possible charges. Punishments can range from non-judicial to the death penalty.
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