[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3291 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3291
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2001
Mr. Frank introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
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 2001''.
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.
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