CORE CRIMINAL LAW SUBJECTS: Crimes: Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct
(** post-2007 Amendment)

(b) Rape of a Child:

2018 (October Term)

United States v. Gonzales, 78 M.J. 480 (as the two offenses are defined in the version of Article 120, UCMJ, in force from October 1, 2007, through June 27, 2012, aggravated sexual contact of a child is not a lesser included offense of rape of a child; the elements test is not satisfied because the offense of aggravated sexual contact with a child includes a specific intent that the offense of rape does not, namely, the specific intent to abuse, humiliate, or degrade any person or to arouse or gratify the sexual desire of any person; the mens rea for rape is a general intent to commit the sexual act).

2011 (September Term)

United States v. Ballan, 71 M.J. 28 (indecent acts with a child is not an LIO of rape of a child). 

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