Anti-Hypocrisy Act of 2005

Anti-Hypocrisy Act of 2005 - Amends the Uniform Code of Military Justice (UCMJ) to provide that uncompensated consensual sexual activity between adults and cohabitation by adults shall not be UCMJ violations.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2054 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2054

   To amend title 10, United States Code, to provide that consensual 
sexual activity between adults shall not be a violation of the Uniform 
                       Code of Military Justice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2005

  Mr. Frank of Massachusetts introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to provide that consensual 
sexual activity between adults shall not be a violation of the Uniform 
                       Code of Military Justice.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Hypocrisy Act of 2005''.

SEC. 2. REMOVAL OF CONSENSUAL SEXUAL ACTIVITY BETWEEN ADULTS AS BASIS 
              FOR PROSECUTION UNDER THE UNIFORM CODE OF MILITARY 
              JUSTICE.

    (a) Sodomy.--Section 925 of title 10, United States Code (article 
125 of the Uniform Code of Military Justice), is amended--
            (1) by inserting ``nonconsensual'' after ``engages in''; 
        and
            (2) by inserting ``carnal copulation'' before ``with an''.
    (b) Conduct Unbecoming an Officer and a Gentleman.--Section 933 of 
such title (article 133 of such Code) is amended--
            (1) by inserting ``(a)'' before ``Any commissioned''; and
            (2) by adding at the end the following:
    ``(b) Neither of the following shall be the basis for a prosecution 
under this section:
            ``(1) A consensual act of a sexual nature that is between 
        adults and that does not involve compensation.
            ``(2) Cohabitation by adults.''.
    (c) General Article.--Section 934 of such title (article 134 of 
such Code) is amended--
            (1) by inserting ``(a)'' before ``Though not''; and
            (2) by adding at the end the following:
    ``(b) Neither of the following shall be the basis for a prosecution 
under this section:
            ``(1) A consensual act of a sexual nature that is between 
        adults and that does not involve compensation.
            ``(2) Cohabitation by adults.''.
    (d) Construction of Amendments.--Nothing in the amendments made by 
this section shall be--
            (1) construed to prevent prosecution under the Uniform Code 
        of Military Justice for acts of fraternization; or
            (2) considered to prevent noncriminal disciplinary action 
        or administrative proceedings against a person subject to the 
        Uniform Code of Military Justice for misconduct (sexual or 
        otherwise) that--
                    (A) constitutes a disorder and neglect to the 
                prejudice of good order and discipline in the Armed 
                Forces;
                    (B) is of a nature to bring discredit upon the 
                Armed Forces; or
                    (C) in the case of a commissioned officer, cadet, 
                or midshipman, constitutes conduct unbecoming an 
                officer and a gentleman.
                                 <all>