Article 125—Sodomy
Text.
“(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.
(b) Any person found guilty of sodomy shall by punished as a court-martial may direct.”
Elements.
(1) That the accused engaged in unnatural carnal copulation with a certain other person or with an animal. (Note: Add either or both of the following elements, if applicable)
(2) That the act was done with a child under the age of 16.
(3) That the act was done by force and without the consent of the other person.
Explanation.
It is unnatural carnal copulation for a person to take into that person’s mouth or anus the sexual organ of another person or of an animal; or to place that person’s sexual organ in the mouth or anus of another person or of an animal; or to have carnal copulation in any opening of the body, except the sexual parts, with another person; or to have carnal copulation with an animal.
Lesser included offenses.
(1) With a child under the age of 16.
(a) Article 125—forcible sodomy (and offenses included therein; see subparagraph (2) below)
(b) Article 134—indecent acts with a child under 16
(c) Article 80—attempts
(2) Forcible sodomy.
(a) Article 125—sodomy (and offenses included therein; see subparagraph (3) below)
(b) Article 134—assault with intent to commit sodomy
(c) Article 134—indecent assault
(d) Article 80—attempts.
(3) Sodomy.
(a) Article 134—indecent acts with another
(b) Article 80—attempts
Maximum punishment.
(1) By force and without consent. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.
(2) With a child who, at the time of the offense, has attained the age of 12 but is under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
(3) With a child under the age of 12 years at the time of the offense. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.
(4) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
