Articles 120, 120b, 120c, 43, and 118, UCMJ – DoD Proposed ...

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Articles 120, 120b, 120c, 43, and 118, UCMJ – DoD Proposed NDAA FY 11 Amendments, as
included in S. 3454 by Senate Armed Services Committee, June 4, 2010
(F) by striking paragraphs (5) and (7);
(G) by redesignating paragraph (6) as paragraph (7);
(H) by inserting after paragraph (4), as redesignated by subparagraph (C),
the following new paragraphs (5) and (6):
―(5) FORCE.—The term ‗force‘ means—
―(A) the use of a weapon;
―(B) the use of such physical strength or violence as is sufficient to
overcome, restrain, or injure a person; or
the victim.
―(C) inflicting physical harm sufficient to coerce or compel submission by
―(6) UNLAWFUL FORCE.—The term ‗unlawful force‘ means an act of force done
without legal justification or excuse.‖;
(I) in paragraph (7), as redesignated by subparagraph (G)—
(i) by striking ―under paragraph (3)‖ and all that follows through
―contact),‖; and
(ii) by striking ―death, grievous bodily harm, or kidnapping‖ and
inserting ―the wrongful action contemplated by the communication or
action.‖;
paragraph—
(J) by striking paragraphs (9) through (13);
(K) by redesignating paragraph (14) as paragraph (8) and in that
(i) by inserting ―(A)‖ before ―The term‖;