NCOs (E-5 to E-9) Charged Under Article 120b in the Navy-Marine Corps

Trends › By Offense › Article 120b › NCOs (E-5 to E-9)

Based on 116 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Sentences Were Longer Than for All Article 120b Cases

Of 105 convictions, 101 included confinement. The median term was 3.2 years, longer than the 3 years for all Navy and Marine Corps Article 120b cases. A quarter of those terms were 10 years or longer, and 1 was a life sentence.

84 of 105 convictions (80%) included confinement longer than one year, compared with 76% for all Article 120b cases. Terms of 5 years or more were 42% of convictions, compared with 37%. Terms of 6 months to 1 year were less common: 13% compared with 17%. Each figure is an adjudged sentence. It covers every charge in the case and comes before any plea-agreement cap, clemency, or appeal.

A Punitive Discharge in Nearly Every Conviction

Of 105 convicted NCOs, 103 received a punitive discharge: 82 dishonorable discharges and 21 bad-conduct discharges. For all Navy and Marine Corps Article 120b cases, 97% of convicted enlisted members received one.

Only a general court-martial can adjudge a dishonorable discharge, the more severe of the punitive discharges. Members who did not receive one could still be separated administratively later.

Contested More Often Than All Article 120b Cases

A case is contested when the accused pleads not guilty to at least one charge. Navy and Marine Corps records before December 2020 often omit the plea, and 84 of 116 records list one: 47 guilty pleas and 37 contested cases. That makes 44% contested, compared with 34% for all Navy and Marine Corps Article 120b cases.

Of the 37 contested cases that reached a verdict, 11 ended in a full acquittal (30%). Another 5 ended in a partial acquittal: not guilty of at least one charge or specification and guilty of another.

Almost All at a General Court-Martial

Of the 116 cases, 111 were general courts-martial (96%), compared with 95% for all Navy and Marine Corps Article 120b cases. A general court-martial can impose any lawful sentence. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge. Few of these cases were special courts-martial.

Sexual Assault and Attempt Charges Were Frequent

Of the 116 cases, 93 charged at least one other article. Article 120 (sexual assault) appeared in 52, Article 80 (attempt) in 51, Article 128 (assault) in 44, Article 134 (general article) in 24, and Article 82 (solicitation) in 6.

The sentence in each case covers all of its charges. The confinement figures include these other offenses too.

Rank of the Accused

Every accused was an NCO. This group is more senior than all Navy and Marine Corps Article 120b cases. This post does not report whether a judge or members decided guilt, because these records do not show it reliably. The comparison in this post is with all Navy and Marine Corps Article 120b cases, which cover every rank.

Counts by Year and Location

The trials took place from January 2017 to October 2025: 18 in 2017, 25 in 2018, 21 in 2019, 13 in 2020, 11 in 2021, 7 in 2022, 8 in 2023, 9 in 2024, and 4 in 2025.

Okinawa, Japan had 14 cases. San Diego, California and Pearl Harbor, Hawaii had 12 each, and Camp Pendleton, California and Jacksonville, Florida had 9 each. Together these five account for 48% of the 116. A high count does not by itself mean a base has a problem with this offense, because larger installations try more cases of every kind.

Rules That Applied, and When

Article 120b is a covered offense. For covered offenses, the decision to prosecute has belonged to special trial counsel, not commanders, since December 28, 2023. Earlier, on January 1, 2019, the Military Justice Act of 2016 took effect. That law introduced written plea agreements and fixed panel sizes. It also created judge-alone special courts-martial, which are capped at six months and cannot impose a punitive discharge. Offenses from before 2019 stayed under the old rules. Judges also sentence within new parameters when every guilty finding is for an offense after December 27, 2023.

What the Records Do Not Show

Which rule applied in a case turns on the date of the offense. Offense dates are not in the records, and trials from 2024 on include cases under both sets of rules. The records also do not describe the evidence or plea terms, and they omit cases resolved by nonjudicial punishment, administrative separation, or no action.

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.

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.