Executive Orders EO 13447 (4) rendering another person unconscious; or (5) administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby substantially impairs the ability of that other person to appraise or control conduct; is guilty of rape and shall be punished as a court-martial may direct. (b) Rape of a child. Any person subject to this chapter who (1) engages in a sexual act with a child who has not attained the age of 12 years; or (2) engages in a sexual act under the circumstances described in subsection (a) with a child who has attained the age of 12 years; is guilty of rape of a child and shall be punished as a court- martial may direct. {c) Aggravated sexual assault. Any person subject to this chapter who - {1) causes another person of any age to engage in a sexual act by - {A) threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or (B) causing bodily ham]; or (2) engages in a sexual act with another person of any age if that other person is substantially incapacitated or substantially incapable of (A) appraising the nature of the sexual act; (B) declining participation in the sexual act; or 253
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