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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?


To: Sidney Reilly who wrote (40603)6/15/1999 11:33:00 PM
From: nihil  Respond to of 108807
 
I'm quoting from memory -- 50 years ago -- when the CO read the relevant passages at formation. Grown men used to giggle at the "penetration isn't necessary". I don't have a UCMJ handy, but I am sure it's on the web. I'll look it up and post the juicy pieces back.



To: Sidney Reilly who wrote (40603)6/16/1999 3:53:00 AM
From: nihil  Read Replies (1) | Respond to of 108807
 
Here's the scoop

"925. ART. 125. SODOMY

(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an
animal is guilty of sodomy. Penetration , however slight, is sufficient to complete the offense."

"920. ART. 120. RAPE AND CARNAL KNOWLEDGE

(a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, 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 female
not his wife 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."

"934. ART. 134. GENERAL ARTICLE

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court."

jaglink.jag.af.mil. ART. 134. GENERAL ARTICLE

I don't know if the code was amended in the last 50 years, and penetration is now considered sufficient to completion of the offense, but this obviously that doesn't mean necessary. I suspect if one attempted an act of unnatural carnal intercourse and didn't succeed in penetration he might very well be charged with sodomy anyway and could be convicted since penetration is now only sufficient not necessary. We don't these niceties anyway since you can hand any one for anything on Article 134.