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See Paragraph 60 (Article 134 - General Article). Elements. (1) That the accused assaulted a certain person not the spouse of the accused in a certain manner; (2) That the acts were done with the intent to gratify the lust or sexual desires of the accused; and (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. Explanation. See paragraph 54c for a discussion of assault. Specific intent is an element of this offense. For a definition of “indecent”, see paragraph 90c. Lesser included offenses. (1) Article 128—assault consummated by a battery; assault (2) Article 134—indecent acts (3) Article 80—attempts Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. |
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