When Article 120 and Article 92 Are Charged Together, How Do Cases End?

Trends › By Offense › Article 120 › With Article 92

Based on 119 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Shorter Sentences Than Other Article 120 Cases

Article 92 covers failing to obey a lawful order or regulation and dereliction of duty. When it was charged in the same case as Article 120 (sexual assault), sentences were shorter than in the comparison group of all Army, Navy, and Marine Corps cases charging Article 120.

Of 98 convictions on at least one charge, 79 included confinement (81%). The median confinement was 1 year, compared with 2 years for all Article 120 cases. A quarter of the sentences were 5 years or longer, and 1 was a life sentence.

Sentences by Length

Only 37 of 98 convictions (38%) included more than one year of confinement, compared with 57% for all Article 120 cases. Shorter sentences were more common. 28 convictions (29%) were under 6 months, compared with 15%. 19 (19%) included no confinement, compared with 13%.

20 convictions (20%) were 5 years or more, about the same as the 22% in the comparison group. Sentences of more than 1 year but under 5 years were much less common here: 17% compared with 35%.

These are adjudged sentences, imposed at trial for every charge in the case, before any plea-agreement cap, clemency, or appeal.

General and Special Courts-Martial Compared

General courts-martial, which can impose any lawful sentence, heard 96 of the 119 cases (81%). Special courts-martial heard the other 23. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

The median confinement was 1.7 years at general courts-martial and 3 months at special courts-martial. The contested share was 70% at general courts-martial and 62% at special courts-martial.

Verdicts in Contested Cases

A contested case is one where the accused pleaded not guilty to at least one charge. Of 67 contested cases that reached a verdict, 18 ended in a full acquittal (27%). That is lower than the 49% for all Article 120 cases.

Partial acquittals were the most common result, in 36 cases (54%). In each, the accused was found not guilty of at least one charge or specification and guilty of another.

The Contested Share Was About the Same

The plea is listed in 98 of the 119 records. 31 accused pleaded guilty and 67 contested at least one charge. The contested share was 68%, compared with 69% for all Article 120 cases.

Fewer Punitive Discharges

Of 91 convicted enlisted members, 59 received a bad-conduct or dishonorable discharge (65%). 30 of those were dishonorable discharges. For all Article 120 cases, 82% of convicted enlisted members received a punitive discharge.

Of 4 convicted officers or warrant officers, 1 was dismissed. A service member without a punitive discharge can still be separated administratively, and these records do not show that.

Charges, Rank, and Years

Trials took place from January 2013 to April 2026. Other charges were common: Article 128 (assault) in 62 cases, Article 134 (general article) in 23, Article 131b (obstruction, numbered since 2019) in 12, and Article 93 (maltreatment) in 11.

The accused were 50 junior enlisted members, 58 NCOs, and 5 officers. The records describe this mix as more senior than all Article 120 cases. The highest yearly count was 45 cases in 2021, followed by 20 in 2022. 2016 had 0 cases, and 2026, a partial year, has 1.

Installations

Fort Hood and Camp Lejeune, North Carolina each had 11 cases. Fort Bragg had 8, and Camp Humphreys and Joint Base Lewis-McChord had 6 each. These 5 installations account for 35% of the 119 cases. Large installations try more cases of every kind, so these counts do not by themselves say anything about one base.

What the Records Do Not Show

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses, and Article 120 is one. The Military Justice Act of 2016, effective January 1, 2019, also changed panel and plea rules. Both depend on offense dates, which the records do not give.

The records also do not include the evidence, the plea terms, or conduct handled through nonjudicial punishment or administrative action. The data shows how cases ended, 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.