In the military justice system, judges determine punishment, and a variety of direct and indirect consequences come from any sex offense conviction in the military. Each offense falls into a category with a confinement range set by the Manual for Courts-Martial, and the judge has to sentence within that range unless specific factual findings on the record justify going lower. Mandatory punitive separation under Article 56(b) requires a dismissal or dishonorable discharge for certain sex offense convictions regardless of the confinement sentence. Sex offender registration is a consequence as well, which runs from 15 years to life. The Lautenberg firearms ban comes into effect when sex charges include an Article 128b domestic violence conviction.
How the Military Determines Sentences for Sex Offenses
The judge has to sentence within the range shown in the table below, unless the judge determines and articulates specific facts justifying a downward departure. The Manual for Courts-Martial states that “the military judge may impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence.” The maximum confinement column shows the ceiling of jail time the judge can impose.
Sentencing Reference for Military Sex Offenses
| Offense | Article | Category | Range | Max |
|---|---|---|---|---|
| Rape (adult) | 120(a) | 4 | 120–240 months | Life |
| Sexual assault (all theories) | 120(b) | 3 | 30–120 months | 30 years |
| Aggravated sexual contact | 120(c) | 3 | 30–120 months | 20 years |
| Abusive sexual contact | 120(d) | 2 | 1–36 months | 7 years |
| Rape of a child | 120b(a) | 5 | 240–480 months | Life w/o parole |
| Sexual assault of a child | 120b(b) | 4 | 120–240 months | 30 years |
| Sexual abuse of a child (sexual contact) | 120b(c) | 3 | 30–120 months | 20 years |
| Sexual abuse of a child (other) | 120b(c) | 3 | 30–120 months | 15 years |
| Sexual harassment | 134 | 2 | 1–12 months | 2 years |
| Indecent viewing | 120c | 1 | 0–12 months | 1 year |
| Indecent recording | 120c | 2 | 1–36 months | 5 years |
| Broadcasting/distributing indecent recording | 120c | 2 | 1–36 months | 7 years |
| Forcible pandering | 120c | 3 | 30–120 months | 20 years |
| Indecent exposure | 120c | 1 | 0–12 months | 1 year |
| Distribution of intimate images | 117a | 2 | 1–36 months | 2 years |
| CSAM: possession/receipt/viewing | 134 | 2 | 1–36 months | 10 years |
| CSAM: possession w/ intent to distribute | 134 | 3 | 30–120 months | 15 years |
| CSAM: distribution | 134 | 3 | 30–120 months | 15 years |
| CSAM: production | 134 | 4 | 120–240 months | 20 years |
Mandatory Separation Under Article 56(b)
For several sex offenses, the UCMJ requires the military judge to impose a punitive discharge regardless of the rest of the sentence: rape under Article 120(a), sexual assault under Article 120(b), rape of a child under Article 120b(a), and sexual assault of a child under Article 120b(b). Attempts and conspiracies to commit any of those four carry the same mandatory separation.
Punitive separations for officers and enlisted have different labels (for officers, the mandatory separation is a dismissal; for enlisted, it’s a dishonorable discharge), but either one ends the career and benefits, and follows the service member through every job application and background check from that point forward.
A military judge who finds reasons to depart below the confinement range under R.C.M. 1002 still has to impose the punitive discharge in these cases.
Sex Offender Registration: SORNA Tiers
A conviction for a sex offense under the UCMJ triggers the federal Sex Offender Registration and Notification Act. The military can’t work around it. SORNA sets three tiers based on the offense:
- Tier I requires annual in-person registration for 15 years. This applies to lesser contact and indecent conduct offenses.
- Tier II requires registration every six months for 25 years. This applies to most non-contact offenses involving minors and to abusive sexual contact.
- Tier III requires registration every 90 days for life. This is the mandatory tier for rape, sexual assault of a child, and most CSAM convictions for production.
This period is the minimum in the federal system. The state where the service member lives after separation determines the actual registration process, and many states impose additional requirements that exceed the federal minimums. Some states publish registry photos and addresses online. Some restrict where a registrant can live, work, or be present. Members looking at sex offender registration as a consequence of a plea offer or guilty verdict after a trial should research not only their intended home state but other states as well where the registration requirements might be more merciful.
The Lautenberg Firearms Ban
When sex offense charges include a domestic violence count under Article 128b, the conviction requires a permanent federal firearms prohibition under the Lautenberg Amendment to the Gun Control Act. There is no military exception, even if the court doesn’t impose a separation. A service member who can’t carry a weapon can’t deploy and can’t qualify on the range, which will lead to an administrative separation. The firearms prohibition is permanent. Unlike state restrictions that can sometimes be lifted, the Lautenberg prohibition typically can’t be restored.
Talk to a Former JAG About Your Case
What a service member actually receives as a period of confinement (if convicted) depends on the sentencing cases the prosecution and defense put on, and the mood of the judge. If you’re under investigation or facing charges for any offense covered on this page, contact the experienced military lawyers of Gagne, Scherer & Associates at (224) 935-6172. You’ll speak with a civilian military lawyer directly.