What is the maximum punishment for an Article 120 offense?
In Washington, the maximum punishment for an offense under Article 120 of the Uniform Code of Military Justice (UCMJ) depends on the severity of the crime. Article 120 covers criminal offenses including rape, sexual assault, and other sexual misconduct. For a lesser offense, such as sexual harassment, an individual could face a maximum punishment of a fine or confinement of up to one year. For a more serious offense such as rape or sexual assault, an individual could face up to life in prison, loss of all military benefits, and possibly even the death penalty. The severity of the punishment does not only depend on the crime itself, as the UCMJ also takes into account any aggravating factors or extenuating circumstances. Aggravating factors can include whether the individual committed the crime in the presence of a minor or against someone of a lower rank. Extenuating circumstances might include if the individual was under mental duress or if they had a compelling reason to commit the offense. It is important to remember that the maximum punishment is just that: the highest charge that a person can face in a military court. Each case is judged individually and the judge may decide to impose a lesser sentence.
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