Article 120c UCMJ | Indecent Viewing, Recording, and Broadcasting in the Military
Article 120c of the Uniform Code of Military Justice (UCMJ) criminalizes indecent viewing, recording, and broadcasting without consent. This provision targets misconduct such as nonconsensual filming, voyeurism, and revenge porn. Service members accused of Article 120c violations face career-ending consequences, including confinement, a dishonorable discharge, and mandatory sex offender registration. At Gonzalez & Waddington, we have defended service members worldwide against Article 120c allegations, often involving digital forensics, social media, and cellphone evidence.
Video: Understanding Article 120c Charges
What Conduct Falls Under Article 120c?
Article 120c prohibits:
- Indecent viewing – secretly observing another person in a private area without consent
- Indecent recording – taking images or video of another person without consent, particularly in places like barracks, showers, or bathrooms
- Indecent broadcasting/distribution – sharing or posting such recordings (including revenge porn)
Even possession or attempted recording can lead to charges, especially with digital devices such as smartphones, laptops, or hidden cameras.
Possible Punishments
- Confinement (up to 5 years for each offense, depending on severity)
- Dishonorable discharge or dismissal
- Total loss of military pay and benefits
- Sex offender registration, which can follow the accused for life
Defenses to Article 120c Allegations
- Lack of intent – accidental recording or no intent to view indecently
- Consent – when the alleged victim agreed to being recorded
- Mistaken identity – proving someone else used the device
- Digital forensics challenges – questioning whether the data was tampered with or properly authenticated
Pro Tips & Mistakes to Avoid
Pro Tips
- Preserve all cellphone and digital evidence immediately—deleted files may still be recoverable.
- Hire a defense team experienced in digital forensics to challenge metadata, timestamps, and chain of custody.
- Use the Article 32 hearing to aggressively test the credibility of witnesses and forensic experts.
Mistakes to Avoid
- Speaking to CID, NCIS, or OSI investigators without an attorney.
- Assuming that consent messages or texts will “speak for themselves” without context.
- Delaying in retaining civilian defense counsel—early intervention can shape the case outcome.
Why Choose Gonzalez & Waddington
Our firm has defended high-profile digital evidence cases across the globe. We know how prosecutors use smartphones, cloud storage, and social media against service members—and how to dismantle that evidence in court. If you are under investigation or facing Article 120c charges, you need a defense team with the skill and experience to fight for your future.
Call Gonzalez & Waddington at 1-800-921-8607 or visit ucmjdefense.com to schedule a confidential consultation today.
FAQs on Article 120c UCMJ
What is Article 120c under the UCMJ?
It criminalizes indecent viewing, recording, or broadcasting of another person without consent, often involving digital devices.
Can I be charged if no recording was actually made?
Yes. Attempted indecent viewing or recording can still result in charges under Article 120c.
Does consent matter in an Article 120c case?
Yes. If the alleged victim consented, the defense can use this to challenge the charges.
Will I have to register as a sex offender if convicted?
In many cases, yes. Sex offender registration is a common outcome of an Article 120c conviction.
Why should I hire a civilian lawyer for Article 120c cases?
These cases often hinge on complex digital forensics. Civilian lawyers with trial experience can cross-examine experts and challenge flawed government evidence.