H.R.4709 - Military Sexual Assault Crimes Revision Act of 2004108th Congress (2003-2004)
Summary: H.R.4709 — 108th Congress (2003-2004)
Introduced in House (06/24/2004)
Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to define as the crime of aggravated sexual abuse engaging in a sexual act: (1) through the use of force; (2) by threatening or placing a person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) by rendering another person unconscious; (4) by administering to another person an impairing drug or intoxicant; or (5) with a person under 12 years of age whether or not the accused knew the person's age.
Defines as the crime of sexual abuse engaging in a sexual act: (1) by threatening or placing a person in fear (other than in a manner that would constitute aggravated sexual abuse); (2) with a person who is incapable of either appraising the nature of the conduct or physically incapable of declining; or (3) with a person who is at least 12 but under 16 who is not the spouse of the accused whether or not the accused knew the person's age. Establishes as an affirmative defense the accused's reasonable belief that the person was at least 16.
Defines sexual abuse of a prisoner as knowingly engaging in a sexual act with a person who is: (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the accused; and (3) is not the accused's spouse.
Makes the above crimes punishable by court-martial and sets forth interim maximum punishments for each.