No, it is not believable that one might feel their free speech and expression rights “chilled” by that one word in the definition, and you cannot compel the government to use the exact words and phrases you would wish it to use. Again, it seems to me you are overthinking this issue and making much more of it than is really there.
Retired Cal Cop Sergeant & Teacher
Walk humbly with your God
-- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
I would not call it art but some have 'different' perceptions.
Thus, 10 U.S. Code § 920 - Art. 120. Rape and sexual assault generally (https://www.law.cornell.edu/uscode/text/10/920) stipulates a person is guilty of sexual assault if:
- (1) commits a sexual act upon another person by—
(A) threatening or placing that other person in fear;
(B) causing bodily harm to that other person;
(C) making a fraudulent representation that the sexual act serves a professional purpose; or
(D) inducing a belief by any artifice, pretense, or concealment that the person is another person;
- (2) commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
- (3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—
(A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
(B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;
If we conclude, a sexual act must take place. It must also take place while other person does not give his/her consent or under threat/fraud, etc.
Now regarding your question about kissing. Lets have a look what "Sexual contact" means:
(A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or
(B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.
What is important, touching may be accomplished by any part of the body.
Therefore, kissing if done with threat, while asleep, causing bodily harm, etc. (see above) falls under "any touching... if done with an intent to arouse or gratify the sexual desire".
Well, thats the statute. Scholars provide a big variety of sexual assault definitions: https://definedas.com/legal/sexual-assault - most of the definitions are related to unwanted sexual activity, while some understand it in a narrow way (penetration of vagina, mouth, or rectum), others in a broader way (any unwanted sexual activity or sexual activity that is obtained without consent).
Probably one could dig into case law and check more on kissing to clarify.
For the benefit of others, that section is part of the Uniform Code of Military Justice (UCMJ) and applies only to acts committed by members of the military. Outside of the military, most rape offenses are going to be violations of state law, not federal law, and it will be the provisions of the the law of the particular state that will matter in most rape prosecutions.