To amend title 10, United States Code, to provide that consensual sexual activity between adults shall not be a violation of the Uniform Code of Military Justice.

July 9, 2003

Mr. FRANK of Massachusetts introduced the following bill; which was referred to the Committee on Armed Services

To amend title 10, United States Code, to provide that consensual sexual activity between adults shall not be a violation of the Uniform Code of Military Justice.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Anti-Hypocrisy Act of 2003'.

SEC. 2. REMOVAL OF CONSENSUAL SEXUAL ACTIVITY BETWEEN ADULTS AS BASIS FOR PROSECUTION UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

(a) SODOMY- Section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), is amended--

(1) by inserting `nonconsensual' after `engages in'; and

(2) by inserting `carnal copulation' before `with an'.

(b) CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN- Section 933 of such title (article 133 of such Code) is amended--

(1) by inserting `(a)' before `Any commissioned'; and

(2) by adding at the end the following:

`(b) Neither of the following shall be the basis for a prosecution under this section:

`(1) A consensual act of a sexual nature that is between adults and that does not involve compensation.

`(2) Cohabitation by adults.'.

(c) GENERAL ARTICLE- Section 934 of such title (article 134 of such Code) is amended--

(1) by inserting `(a)' before `Though not'; and

(2) by adding at the end the following:

`(b) Neither of the following shall be the basis for a prosecution under this section:

`(1) A consensual act of a sexual nature that is between adults and that does not involve compensation.

`(2) Cohabitation by adults.'.

(d) CONSTRUCTION OF AMENDMENTS- Nothing in the amendments made by this section shall be--

(1) construed to prevent prosecution under the Uniform Code of Military Justice for acts of fraternization; or

(2) considered to prevent noncriminal disciplinary action or administrative proceedings against a person subject to the Uniform Code of Military Justice for misconduct (sexual or otherwise) that--

(A) constitutes a disorder and neglect to the prejudice of good order and discipline in the Armed Forces;

(B) is of a nature to bring discredit upon the Armed Forces; or

(C) in the case of a commissioned officer, cadet, or midshipman, constitutes conduct unbecoming an officer and a gentleman.

END