When Article 107 and Article 120b Are Charged Together, How Do Cases End?

Trends › By Offense › Article 107 › With Article 120b

Based on 14 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

A 9-Year Median Confinement

All 14 cases ended in a conviction on at least one charge. 11 of those sentences included confinement (79%). The median confinement was 9 years. In all Army, Navy, and Marine Corps cases charging Article 107, the median was 6 months.

Among the sentences with confinement, a quarter were 15 years or longer. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. Each one covers every charge in the case, including the Article 120b charge.

Dishonorable Discharges for Every Convicted Enlisted Member

A punitive discharge followed 100% of the enlisted convictions: 12 dishonorable discharges and 0 bad-conduct discharges. In all cases charging Article 107 in these services, the share was 60%. A dishonorable discharge can be imposed only by a general court-martial.

2 convicted officers or warrant officers appear in these records, and 1 was dismissed. Dismissal is the officer equivalent of a punitive discharge.

Pleas

12 of the 14 records list the plea. 8 accused pleaded guilty and 4 contested at least one charge. A contested case is one with a not-guilty or mixed plea to at least one charge. That contested share of 33% was about the same as the 34% in all Army, Navy, and Marine Corps cases charging Article 107.

Other Charges in These Cases

Beyond Article 107 and Article 120b, Article 134 (general article) and Article 120 (sexual assault) each appeared in 5 cases. Article 128 (assault) appeared in 4. Article 131g (wrongful interference with adverse administrative proceeding, numbered since 2019) appeared in 1.

Rank of the Accused

6 accused were junior enlisted members (E-1 to E-4), 6 were NCOs (E-5 to E-9), and 2 were officers or warrant officers. In all cases charging Article 107 in these services, junior enlisted members made up 49% of the accused, so this group was more senior.

Cases by Year

The cases were tried between October 2013 and July 2026. No year had more than 3 cases, and 2021 had the most. 2014, 2016, 2020, and 2025 had none. The 2026 count covers only part of the year.

Law Changes in This Period

The Military Justice Act of 2016 took effect on January 1, 2019. It set fixed panel sizes, created judge-alone special courts-martial, and brought in written plea agreements. Cases with offenses from before 2019 kept the old rules. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses such as sexual assault. Both changes turn on the offense date, which the records do not give.

The records also leave out nonjudicial punishment, administrative separations, the evidence, and the plea terms.

For what the offense covers and how it is defended, see Article 107 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial

About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.