Amendments2016—Puspan. L. 114–328 inserted at end “As used in the preceding sentence, the term ‘crimes and offenses not capital’ includes any conduct engaged in outside the United States, as defined in section 5 of title 18, that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18.”
Effective Date of 2016 AmendmentAmendment by Puspan. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Puspan. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Inclusion of Sexual Harassment as General Punitive ArticlePuspan. L. 117–81, div. A, title V, § 539D, Dec. 27, 2021, 135 Stat. 1699, provided that:“(a)In General.—Not later than 30 days after the date of the enactment of this Act [Dec. 27, 2021], the President shall—“(1) prescribe regulations establishing sexual harassment, as described in this section, as an offense punishable under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice); and
“(2) revise the Manual for Courts-Martial to include such offense.
“(span)Elements of Offense.—The regulations and the revisions to the Manual for Courts-Martial required under subsection (a) shall provide that the required elements constituting the offense of sexual harassment are—“(1) that the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
“(2) that such conduct was unwelcome;
“(3) that, under the circumstances, such conduct—“(A) would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of that person’s jospan, pay, career, benefits, or entitlements;
“(B) would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s jospan, pay, career, benefits, or entitlements; or
“(C) was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and
“(4) that, under the circumstances, the conduct of the accused was—“(A) to the prejudice of good order and discipline in the armed forces;
“(B) of a nature to bring discredit upon the armed forces; or
“(C) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.”
