Articles 120 and 80 in the Same Case: What the Records Show

Trends › By Offense › Article 120 › With Article 80

Based on 126 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Attempt Charges With Sexual Assault

Article 80 makes an attempt to commit an offense a crime. In 126 courts-martial tried from November 2013 through January 2026, it was charged together with Article 120 (sexual assault).

Every comparison below is to all Army, Navy, and Marine Corps cases charging Article 120. Compared with that group, this pairing had a lower full-acquittal rate, longer sentences, and a higher rate of punitive discharge.

Few Contested Cases Ended in a Full Acquittal

A contested case is one in which the accused pleaded not guilty to at least one charge. Of the 62 contested cases that reached a verdict, 16 ended in a full acquittal, a rate of 26%. For all Article 120 cases, the rate was 49%.

Another 23 contested cases ended in a partial acquittal: not guilty on at least one charge or specification and guilty on another. A partial acquittal still leads to a sentence.

The Contested Share Was About the Same

The plea is listed in 91 of the 126 records. There were 62 not-guilty or mixed pleas and 29 guilty pleas. The contested share was 68%, about the same as the 69% for all Article 120 cases.

Sentences After a Conviction

There were 106 convictions, and 93 included confinement. The median confinement was 3 years, compared with 2 years in the comparison group. A quarter of the sentences were 8 years or longer, and 1 was a life sentence.

Sentences of more than one year were given in 79 of 106 convictions (75%), compared with 57% for all Article 120 cases. 44 convictions (42%) were more than 1 year but under 5 years. 35 convictions (33%) were 5 years or more, compared with 22% in the comparison group. Short sentences were less common: 7% of convictions were under 6 months, compared with 15%.

Each figure is an adjudged sentence, imposed at trial and covering every charge in the case. Plea-agreement caps, clemency, and appeals can change the time actually served.

Most Enlisted Convictions Included a Punitive Discharge

A punitive discharge (bad-conduct or dishonorable) was part of the sentence in 90% of enlisted convictions, compared with 82% for all Article 120 cases. There were 76 dishonorable discharges and 9 bad-conduct discharges.

Of 10 convicted officers or warrant officers, 8 were dismissed. Dismissal is the officer form of a punitive discharge. A member who received no punitive discharge could still face administrative separation later.

Other Charges in These Cases

Most cases included more than the 2 articles in the title. Article 128 (assault) was charged in 95 of the 126 cases, Article 120b (child sexual abuse) in 56, Article 134 (general article) in 27, and Article 82 (solicitation) in 12. A sentence covers the entire case, so the confinement figures include those charges.

Rank and Court Level

Junior enlisted members (E-1 to E-4) were 43% of the accused, NCOs 47%, and officers 10%. For all Article 120 cases, junior enlisted members were 55%.

General courts-martial heard 121 of the 126 cases (96%), compared with 90% for all Article 120 cases. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. Almost every case here was tried at the level without those limits.

Years and Installations

There were 24 cases in 2017, 17 in 2018, 14 in 2019, and 18 in 2021. There were 4 in 2025. The 1 case in 2026 is from a partial year.

Okinawa, Japan had the most cases, with 17. Norfolk, Virginia and Yokosuka, Japan had 9 each, and Camp Lejeune, North Carolina and Pearl Harbor, Hawaii had 8 each. These 5 installations account for 40% of the 126 cases. A large installation tries more cases overall, so the counts do not by themselves say anything about one base.

Rule Changes and What the Data Does Not Show

The Military Justice Act of 2016 took effect on January 1, 2019. Since December 28, 2023, special trial counsel have decided whether to prosecute covered offenses, including Article 120. The rules that applied depend on when the offense happened, and the records give only trial dates.

The records do not show the evidence, the plea terms, nonjudicial punishment, or administrative separations. They show what was charged and decided, not why.

For what the offense covers and how it is defended, see Article 120 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Sexual Abuse of an Adult: Federal Cases vs. Article 120 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.