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U.S. Code as of:
01/19/04
Section 920. Art. 120. Rape and carnal knowledge
(a) Any person subject to this chapter who commits an act of
sexual intercourse, by force and without consent, is guilty of rape
and shall be punished by death or such other punishment as a
court-martial may direct.
(b) Any person subject to this chapter who, under circumstances
not amounting to rape, commits an act of sexual intercourse with a
person -
(1) who is not that person's spouse; and
(2) who has not attained the age of sixteen years;
is guilty of carnal knowledge and shall be punished as a
court-martial may direct.
(c) Penetration, however slight, is sufficient to complete either
of these offenses.
(d)(1) In a prosecution under subsection (b), it is an
affirmative defense that -
(A) the person with whom the accused committed the act of
sexual intercourse had at the time of the alleged offense
attained the age of twelve years; and
(B) the accused reasonably believed that that person had at the
time of the alleged offense attained the age of sixteen years.
(2) The accused has the burden of proving a defense under
paragraph (1) by a preponderance of the evidence.
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