When Article 120b and Article 82 Are Charged Together, How Do Cases End?
Most courts-martial that charged both child sexual abuse and solicitation under Article 82 ended in a guilty plea and long confinement. Of 41 Army, Navy, and Marine Corps cases from 2014–2026, only 10% were contested, compared with 36% for all Article 120b cases.
Understanding Trends in Military Practice · 5 min read
Trends › By Offense › Article 120b › With Article 82
Short answer: Most courts-martial that charged both child sexual abuse and solicitation under Article 82 ended in a guilty plea and long confinement. Of 41 Army, Navy, and Marine Corps cases from 2014–2026, only 10% were contested, compared with 36% for all Article 120b cases. The median confinement was 7.3 years, compared with 3.3 years.
Solicitation With Child Sexual Abuse
Article 82 covers soliciting or advising another person to commit an offense. In these 41 courts-martial, tried from September 2014 to September 2026, it was charged in the same case as Article 120b (child sexual abuse).
The comparison group in this post is every Army, Navy, and Marine Corps case charging Article 120b. Compared with that group, this pairing had a lower contested share and longer adjudged confinement.
Almost Every Accused Pleaded Guilty
The plea is listed in 31 of the 41 records. In 28, the accused pleaded guilty. Only 3 entered a not-guilty or mixed plea, which makes a case contested. The contested share was 10%, compared with 36% for all Article 120b cases.
With only 3 contested cases, the records do not support a description of how contested cases in this pairing ended. This post does not give acquittal figures.
Long Sentences of Confinement
39 cases ended in a conviction on at least one charge, and 38 of those sentences included confinement (97%). The median confinement was 7.3 years, compared with the 3.3 years median for all Article 120b cases. A quarter of the sentences were 9.3 years or longer.
Sentences of more than one year were given in 35 of 39 convictions (90%), compared with 76% in the comparison group. 24 convictions, or 62%, were 5 years or more, compared with 42% for all Article 120b cases. Short sentences were uncommon: 2 convictions were 6 months to 1 year, 1 was under 6 months, and 1 included no confinement.
These are adjudged sentences. They were set at trial for every charge in the case. A plea-agreement cap, clemency, or appeal can lower them, and the records do not show any of these.
| Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 120b |
|---|---|---|---|
| No confinement | 1 | 3% | 4% |
| Under 6 months | 1 | 3% | 5% |
| 6 months to 1 year | 2 | 5% | 15% |
| More than 1 year, under 5 years | 11 | 28% | 35% |
| 5 years or more | 24 | 62% | 42% |
Guilty Pleas With Long Sentences
In this group, a guilty plea did not mean a short adjudged sentence. Most of these cases were guilty pleas, and most ended with confinement of 5 years or more.
A plea agreement can cap the sentence actually served. For some of these cases, the adjudged figures may be higher than the time actually served in confinement. The records do not show which cases.
Punitive Discharges
Of 37 convicted enlisted members, 36 received a bad-conduct or dishonorable discharge (97%). That is about the same as the 96% for all Article 120b cases. 31 of them were dishonorable discharges.
Both of the 2 convicted officers or warrant officers were dismissed. Dismissal is the officer form of a punitive discharge. When no punitive discharge was adjudged, an administrative separation could still follow.
Who Was Accused?
The accused were 28 junior enlisted members (E-1 to E-4), 9 NCOs (E-5 to E-9), and 3 officers or warrant officers. This group was more junior than all Article 120b cases, where 52% of the accused were junior enlisted.
General courts-martial, the only level that can impose long confinement and a dishonorable discharge, heard 40 of the 41 cases (98%). The other case was a special court-martial, where confinement is capped at one year.
Other Charges, Years, and Installations
For all Article 120b cases, 163 of 563 charged that article alone. Here, Article 134 (general article) was also charged in 33 cases, Article 80 (attempt) in 17, Article 120 (sexual assault) in 11, and Article 128 (assault) in 10.
No year had more than 7 cases. 2017 and 2021 had 7 each, and 2015 and 2019 had 0. The 2026 count of 4 covers part of the year.
Okinawa, Japan had 8 cases. Bremerton, Washington had 4, Fort Hood and Camp Pendleton, California had 3 each, and Marine Corps Base Hawaii, Kaneohe Bay had 2. These 5 installations account for 49% of the 41 cases. Larger installations try more cases overall, so these counts do not by themselves say anything about one base.
What the Records Do Not Show
Article 120b is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute it. The records give trial dates, not offense dates, so they cannot show which rules applied to a case.
The records also do not include the evidence, the plea terms, or conduct handled through nonjudicial punishment or administrative separation.
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 82 (41 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 82 (Soliciting): Court-Martial Data and Trends (hub)
- Child Sexual Abuse Plus General Article: Courts-Martial Charging Articles 120b and 134
- Child Sexual Abuse Plus Attempt: Courts-Martial Charging Articles 120b and 80
- Articles 120b and 128 in the Same Case: What the Records Show
- 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.