CARNAL KNOWLEDGE.

SEC. 1113. CARNAL KNOWLEDGE. (a) Gender Neutrality.— Subsection (b) of section 920 (article 120) is amended to read as follows: “(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a person— “(1) who is not that person’s spouse; and “(2) who has not attained the age of sixteen years; is guilty of carnal knowledge and shall be punished as a court-martial may direct.”. (b) Mistake of Fact.— Such section (article) is further amended by adding at the end the following new subsection: “(d) (1) In a prosecution under subsection (b), it is an affirmative defense that— “(A) the person with whom the accused committed the act of sexual intercourse had at the time of the alleged offense attained the age of twelve years; and “(B) the accused reasonably believed that that person had at the time of the alleged offense attained the age of sixteen years. “(2) The accused has the burden of proving a defense under paragraph (1) by a preponderance of the evidence.”.