Child Sexual Abuse Plus Attempt: Courts-Martial Charging Articles 120b and 80
When an attempt charge under Article 80 was added to child sexual abuse, contested cases ended in a full acquittal less often than Article 120b cases overall: 7 of 35 (20%), compared with 32%.
Understanding Trends in Military Practice · 5 min read
Trends › By Offense › Article 120b › With Article 80
Short answer: When an attempt charge under Article 80 was added to child sexual abuse, contested cases ended in a full acquittal less often than Article 120b cases overall: 7 of 35 (20%), compared with 32%. In 150 Army, Navy, and Marine Corps courts-martial from 2014–2026, the median confinement was 2.5 years, shorter than the 3.3 years for all Article 120b cases.
Attempted Offenses in Child Sexual Abuse Cases
Article 80 makes it a crime to attempt an offense, even when the offense itself is not completed. These 150 courts-martial, tried from March 2014 through September 2026, charged an attempt together with Article 120b (child sexual abuse).
The comparison group in this post is all Army, Navy, and Marine Corps cases charging Article 120b. This group differs from it in 2 ways: fewer full acquittals in contested cases, and more sentences in the middle range of confinement.
Verdicts in Contested Cases
A contested case is one where the accused pleaded not guilty to at least one charge. Of the 35 contested cases that reached a verdict, 7 ended in a full acquittal (20%). That is lower than the 32% for all Article 120b cases.
Another 5 (14%) ended in a partial acquittal, with a not-guilty finding on at least one charge or specification and a guilty finding on another. Only 35 contested cases reached a verdict, so a few different outcomes would change the rate.
Most Cases Ended in a Guilty Plea
The plea is recorded in 105 of the 150 cases. In 70, the accused pleaded guilty. In 35, the accused contested at least one charge. The contested share was 33%, about the same as the 36% for all Article 120b cases.
More Sentences in the Middle Range
Confinement was part of 96% of the 141 convictions. The median confinement was 2.5 years, compared with 3.3 years in the comparison group. A quarter of the sentences were 8 years or longer.
Confinement of more than one year was given in 109 of 141 convictions (77%), about the same as the 76% for all Article 120b cases. The difference is in the length of those sentences. 65 convictions (46%) were more than 1 year but under 5 years, compared with 35%. 44 (31%) were 5 years or more, compared with 42%.
These are adjudged sentences, set at trial for every charge in the case. A plea-agreement cap, clemency, or an appeal can reduce the time served.
| Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 120b |
|---|---|---|---|
| No confinement | 6 | 4% | 4% |
| Under 6 months | 4 | 3% | 5% |
| 6 months to 1 year | 22 | 16% | 15% |
| More than 1 year, under 5 years | 65 | 46% | 35% |
| 5 years or more | 44 | 31% | 42% |
Discharges and Dismissals
Of 131 convicted enlisted members, 128 received a bad-conduct or dishonorable discharge (98%). That is about the same as the 96% for all Article 120b cases. 96 of them were dishonorable discharges.
All 8 convicted officers or warrant officers were dismissed. Dismissal is the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.
Other Charges in These Cases
Every case included more than the child sexual abuse charge. Besides the attempt charge, Article 120 (sexual assault) was charged in 56 cases, Article 128 (assault) in 51, Article 134 (general article) in 46, and Article 82 (solicitation) in 17. Each sentence covers all of these together.
Rank and Court Level
Junior enlisted members (E-1 to E-4) were 49% of the accused, about the same as the 52% for all Article 120b cases. NCOs were 45% and officers were 6%.
General courts-martial heard 144 of the 150 cases. That 96% share is the same as the comparison group. A general court-martial can impose any lawful sentence. A special court-martial is capped at one year of confinement and cannot impose a dishonorable discharge.
Most Cases Were Tried From 2017 to 2021
There were 3 cases in 2016, 24 in 2017, and 30 in 2018. There were 22 in 2019, 16 in 2020, and 14 in 2021. Since 2022, each year has had fewer than 10. The 2026 count of 8 covers part of the year.
Okinawa, Japan had the most cases, with 23. Camp Lejeune, North Carolina had 14, Bremerton, Washington 11, Yokosuka, Japan 10, and San Diego, California 9. These installations account for 45% of the 150 cases. Larger installations try more cases of every kind, so the counts do not by themselves point to a problem at any one base.
What the Data Does Not Show
Article 120b is a covered offense. Since December 28, 2023, special trial counsel decide whether to prosecute it. Whether that rule, or the Military Justice Act of 2016 changes effective January 1, 2019, applied to a case depends on the offense date. These records do not include the offense date.
The evidence, the plea terms, nonjudicial punishment, and administrative separations are also not in the data. The records do not explain any outcome.
For what the offense covers and how it is defended, see Article 120b on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Army, Navy, and Marine Corps courts-martial that charged both Article 120b and Article 80 (150 cases). Air Force cases are left out because Air Force records rarely list the charges in acquittals.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Article 120b (Rape and Sexual Assault of a Child): Court-Martial Data and Trends (hub)
- Article 80 (Attempts): Court-Martial Data and Trends (hub)
- Child Sexual Abuse Plus General Article: Courts-Martial Charging Articles 120b and 134
- Articles 120b and 128 in the Same Case: What the Records Show
- When Article 120b and Article 82 Are Charged Together, How Do Cases End?
- Fewer or More? Child Sexual Abuse Charges at Army Courts-Martial, 2021–2025
- How Has Article 120b Changed in Air Force Courts-Martial Since 2016?
- Article 120b explained on the law firm's website
- Search every case in Military Trial Results (members)
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.