Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

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Note: This law applies only to Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure offenses committed on and after 1 January 2019.

What is Article 120B UCMJ Sexual Abuse of a Child Involving Indecent Exposure?

Article 120b of the UCMJ addresses the crime of sexual abuse of a child involving indecent exposure. This serious offense involves intentionally exposing oneself to a child under the age of 16 with the intent to arouse or gratify sexual desires. The military justice system takes these allegations very seriously due to the vulnerable nature of the victims and the potential long-term psychological impact on them. Manual for Courts-Martial, United States (2024 ed.)

The penalties for this crime are severe and can include long-term confinement, dishonorable discharge, and forfeiture of all pay and allowances. These consequences can have a profound and lasting impact on the accused’s life and career, making it crucial to mount a strong defense.

Anyone accused of sexual abuse of a child under Article 120b UCMJ should seek representation from the best military defense lawyers. These legal professionals understand the complexities of military law and have the skills necessary to navigate the court-martial process. They can help ensure that the rights of the accused are protected, scrutinize the evidence presented by the prosecution, and develop a defense strategy to achieve the most favorable outcome possible.

Engaging experienced court-martial lawyers, such as those at Gonzalez & Waddington, is essential. Their thorough understanding of the UCMJ and extensive experience in defending service members against such serious charges provide the accused with the best possible chance of a fair trial and a positive resolution to their case.

Note: The maximum and minimum punishments for Article 128 UCMJ Assault Upon a Warrant, Noncommissioned, or Petty Officer vary depending on the date of the offense.

Article 120b UCMJ Sexual Abuse of a Child Crimes:

• Article 120b UCMJ Sexual Abuse of a Child Involving Sexual Contact
• Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure
• Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Communication
• Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Conduct

What are the Elements of Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure?

1. That (state the time and place alleged), the accused committed a lewd act upon (state the name of the alleged victim), by intentionally (state the alleged exposure or communication); and
2. That at the time of the lewd act (state the name of the alleged victim) had not attained the age of 16 years.

What are the Maximum Punishments for Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure?

For Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure offenses committed between 1 January 2019 and 27 December 2023:

• 20 Years of Confinement
• Dishonorable Discharge, Bad Conduct Discharge, Dismissal
• Total Forfeitures
• Reduction to E-1
• Federal Felony Conviction
• Registration as a State & Federal Sex Offender

For Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure offenses committed after 27 December 2023

• Under the Sentencing Parameters, Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure is a Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years)
• Dishonorable Discharge, Bad Conduct Discharge, Dismissal
• Total Forfeitures
• Reduction to E-1
• Federal Felony Conviction
• Registration as a State & Federal Sex Offender
• Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

• Maximum Punishments for UCMJ Offenses 2024: Combined UCMJ Punishments Chart
• UCMJ Lesser Included Offenses Chart 2024 UCMJ

Sample Specification for Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure

In that PVT Skip McGee, US Army, did, at or near Fort Sill, Oklahoma, on or about 4 January 2025, commit a lewd act upon Tyler Lopez, a child who had not attained the age of 16 years, by intentionally exposing his genitalia to Tyler Lopez, with an intent to gratify) the sexual desire of PVT Skip McGee.

Model Specification for Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure

In that _________ (personal jurisdiction data), did (at/on board—location), on or about ____ 20__, commit a lewd act upon _______, a child who had not attained the age of 16 years, by intentionally exposing [his (genitalia) (anus) (buttocks)] [her (genitalia) (anus) (buttocks) (areola) (nipple)] to __________, with an intent to [(abuse) (humiliate) (degrade) ______] [(arouse) (gratify) the sexual desire of __________].

What are the Definitions for Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure?

“Lewd act” means:

• any sexual contact with a child;
• intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person;
• intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or
• any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

“Sexual contact” means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may beaccomplished by any part of the body or an object.

“Child” means any person who has not attained the age of 16 years.

The prosecution is not required to prove the accused knew the age of (state the name of the alleged victim) at the time the alleged sexual act(s) occurred.

Mistake of fact as to age in Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure cases. Mistake of fact as to age is an affirmative defense to sexual abuse of a child if the child had, in fact, attained the age of 12 years. If raised by some evidence, the military judge must advise the members that the defense has the burden of proving by a preponderance of the evidence that a mistake existed. When a mistake of fact as to age has been raised, include the following instructions. The burden of proof in the instruction below is provided in the statute.

The evidence has raised the issue of mistake on the part of the accused concerning the offense(s) of sexual abuse of a child, as alleged in (the) Specification(s) (___) of (the) (Additional) Charge (___). Specifically, the mistake concerns the accused’s belief that (state the name of the alleged victim) was at least 16 years of age, when the alleged lewd act(s) occurred.

Reasonable Doubt in Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure Cases

First, if you find beyond a reasonable doubt that (state the name of the alleged victim) had not attained the age of 12 years, the defense of mistake of fact does not exist. The defense of mistake of fact can only be considered, as described below, if you find beyond a reasonable doubt that (state the name of the alleged victim) had attained the age of 12 but had not attained the age of 16.

The prosecution is not required to prove the accused knew that (state the name of the alleged victim) had not attained the age of 16 years at the time the alleged lewd act(s) occurred. However, an honest and reasonable mistake of fact as to (state the name of the alleged victim)’s age is a defense to (that) (those) charged offense(s).

“Mistake of fact as to age” in Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure cases means the accused held, as a result of ignorance or mistake, an incorrect belief that the other person engaging in the sexual conduct was at least 16 years old. The ignorance or mistake must have existed in the mind of the accused and must have been reasonable under all the circumstances.

To be reasonable the ignorance or mistake must have been based on information, or lack of it, which would indicate to a reasonable person that (state the name of the alleged victim) was at least 16 years old. (Additionally, the ignorance or mistake cannot be based on the negligent failure to discover the true facts. Negligence is the absence of due care. Due care is what a reasonably careful person would do under the same or similar circumstances.)

Burdens of Mistake Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure Cases

The burden is on the defense to establish the accused was under this mistaken belief by a preponderance of the evidence. A “preponderance” means more likely than not. If you are not convinced by a preponderance of the evidence that, at the time of the charged sexual abuse of a child, the accused was under a mistaken belief that (state the name of the alleged victim) was at least 16 years old, the defense does not exist.

Even if you conclude, the accused was under the honest and mistaken belief that (state the name of the alleged victim) was at least 16 years old, if you are not convinced by a preponderance of the evidence that, at the time of the charged sexual abuse of a child, the accused’s mistake was reasonable, the defense does not exist.

Voluntary intoxication and mistake of fact as to age in Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure cases. If there is evidence of the accused’s voluntary intoxication, the following instruction is appropriate:

There is evidence in this case that indicates that, at the time of the alleged sexual abuse of a child, the accused may have been under the influence of (alcohol) (drugs). The accused’s state of voluntary intoxication, if any, at the time of the offense is not relevant to mistake of fact. A mistaken belief that (state the name of the alleged victim) was at least 16 years of age must be that which a reasonably careful, ordinary, prudent, sober adult would have had under the circumstances at the time of the offense. Voluntary intoxication does not permit what would be an unreasonable belief in the mind of a sober person to be considered reasonable because the person is intoxicated.

Marriage. Marriage is an affirmative defense to sexual abuse of a child in Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure cases. If raised by some evidence, the military judge must advise the members that the defense has the burden of proving by a preponderance of the evidence that a marriage existed. When marriage between the accused and the alleged victim of the sexual abuse of a child has been raised, include the following instruction:

The evidence has raised the issue of marriage between the accused and (state the name of the alleged victim) concerning the offense(s) of sexual abuse of a child, as alleged in (the) Specification(s) (___) of (the) (Additional) Charge (___). It is a defense to (that) (those) charged offense(s) that the accused and (state the name of the alleged victim) were married to each other when the lewd act(s) occurred.

A “marriage” is a relationship, recognized by the laws of a competent State or foreign jurisdiction, between the accused and (state the name of the alleged victim) as spouses. A marriage exists until it is dissolved in accordance with the laws of a competent State or foreign jurisdiction.

Defense of Marriage in Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure

The defense of marriage does not exist where the accused commits the alleged lewd act(s) upon (state the name of the alleged victim) when the accused knows or reasonably should know that she/he is asleep, unconscious, or otherwise unaware that the lewd act(s) (is) (are) occurring or when she/he is incapable of consenting to the lewd act(s) due to impairment by any drug, intoxicant or other similar substance, and that condition was known or reasonably should have been known by the accused.

The defense has the burden of proving by a preponderance of the evidence that the defense of marriage exists. The term “preponderance” means more likely than not.

Therefore, unless you are convinced by a preponderance of the evidence that at the time of the lewd act(s) alleged, the accused and (state the name of the alleged victim) were married to each other, the defense of marriage does not exist.

Final Instructions in Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure Cases

Even if you are convinced by a preponderance of the evidence that at the time of the lewd act(s) alleged, the accused and (state the name of the alleged victim) were married to each other, if you are not also convinced by a preponderance of the evidence that (state the name of the alleged victim) was not (asleep, unconscious or otherwise unaware of the lewd act(s) occurring) (incapable of consenting to the lewd act(s) due to impairment by any drug, intoxicant or other similar substance) or that the accused was not aware of and should not have been aware of such condition, the defense of marriage does not exist.

Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure Military Defense Lawyers

Article 120b of the Uniform Code of Military Justice (UCMJ) addresses various offenses related to the sexual abuse of children. Among these is the crime of sexual abuse of a child involving indecent exposure. This article aims to protect minors from sexually abusive behavior and uphold the standards of conduct expected within the military. This guide provides a comprehensive overview of Article 120b, focusing on indecent exposure, including the elements of the offense, potential punishments, and broader implications of a conviction.

Basics of Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure

To secure a conviction for sexual abuse of a child involving indecent exposure under Article 120b, the prosecution must prove the following elements beyond a reasonable doubt:

• Victim’s Age: The victim was under the age of 16 at the time of the offense.
• Indecent Exposure: The accused exposed their genitalia, anus, buttocks, or female areola or nipple indecently.
• Presence of the Child: The exposure occurred in the presence of a child under 16 years of age.
• Intent: The accused had the specific intent to arouse, appeal to, or gratify the sexual desires of any person or to abuse, humiliate, or degrade any person.

Collateral Consequences of Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure Conviction

A conviction for Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure has numerous collateral consequences, including:

• Sex Offender Registration: The convicted individual will be required to register as a sex offender, which involves being listed on public sex offender registries, regular reporting to law enforcement, and restrictions on residency and employment.
• Employment Challenges: Finding civilian employment can be extremely difficult for registered sex offenders, especially those with a dishonorable discharge. Many employers are hesitant to hire individuals with such a conviction.
• Loss of Military Benefits: Convicted individuals typically lose all military benefits, including retirement pay, healthcare benefits, and access to military facilities.
• Social Stigma: The social stigma attached to being a registered sex offender can lead to isolation, harassment, and difficulties in maintaining personal relationships.
• Legal Restrictions: Convicted sex offenders may face various legal restrictions, including limits on internet usage, travel, and contact with minors.

Impact on the Victim in Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure Case

The impact of sexual abuse on a child victim if Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure can be profound and long-lasting. Victims may experience a range of emotional, psychological, and physical effects, including:

• Emotional Trauma: Feelings of shame, guilt, and anxiety are common among victims of sexual abuse. These feelings can persist into adulthood and affect all areas of life.
• Psychological Issues: Victims may develop mental health conditions such as depression, post-traumatic stress disorder (PTSD), and other anxiety disorders.
• Physical Health Problems: Sexual abuse can lead to physical injuries and long-term health issues, including sexually transmitted infections (STIs).
• Behavioral Changes: Victims may exhibit changes in behavior, such as withdrawal from social activities, difficulty in school, and increased risk-taking behaviors.
• Relationship Difficulties: Trust issues and difficulties in forming healthy relationships are common among survivors of sexual abuse.

Legal Defenses to Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure

Accused individuals have the right to present a defense against charges of Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure. Common defenses include:

• Consent: While this defense is not applicable if the victim is under the age of consent (16), it may be argued if there is a question about the victim’s age.
• Mistaken Identity: The defense may argue that the accused was not the individual who committed the offense.
• False Accusations: The defense may present evidence suggesting that the accusations are false or motivated by ulterior motives.
• Lack of Intent: The defense may argue that the exposure was accidental or not intended to be sexual in nature.

Importance of Legal Representation in Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure Cases

Given the serious nature of Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure charges and the severe consequences of a conviction, it is crucial for individuals accused of sexual abuse of a child under Article 120b to seek experienced legal representation. A qualified military defense attorney can provide guidance, build a strong defense, and protect the accused’s rights throughout the legal process.

Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure Military Defense Lawyers

Article 120b UCMJ’s provisions on sexual abuse of a child involving indecent exposure are designed to protect minors within the military community and uphold the standards of conduct required for military service. The severe penalties and collateral consequences underscore the gravity of such offenses. Understanding the elements of the offense, potential defenses, and the importance of legal representation is essential for anyone facing such charges. For more information on military law and the UCMJ, click here.

If you are suspected or accused of Article 120B UCMJ Sexual Abuse of a Child Involving Indecent Exposure, speak with one of our experienced military court martial lawyers to discuss your case. For more information on military law and the UCMJ, visit the official Army JAG Corps website.

What are the collateral consequences of having to register as a convicted sex offender?

Potential Collateral Consequences of a Conviction of Article 120b UCMJ Sexual Abuse of a Child Involving Indecent Exposure

• Denied housing
• Loss of family
• Isolation
• No educational opportunities
• Unemployable
• Physical assault
• Increased homelessness
• Harassment
• Financial hardship
• Stigmatization
• The decline in mental health
• No internet access
• Deterioration of social bonds
• Loss of residency
• Deterioration of social bonds
• Difficulty finding employment
• Difficulty finding housing
• Difficulty with relationships
• Social disgrace and humiliation
• Loss of friends
• Loss of custody of children
• Lack of privacy

Potential Collateral Consequences of a Federal Conviction

• Employment will be severely limited (many employers won’t hire a convict)
• Inability to enroll in college, university, or trade school
• Loss of GI Bill
• Loss of military career
• Loss of retirement benefits.
• Loss of VA benefits.
• Loss of medical benefits.
• Loss of spouse, family members, and friends
• Loss of income while in jail
• Mental and physical suffering before and after prison
• Ineligibility for public benefits, such as food stamps
• Ineligibility for government-sponsored student loans and grants;
• Restrictions on certain types of employment or occupational licenses;
• Ineligibility to provide foster care to minor family members
• Prohibitions on working with children
• Loss of professional license or certification
• Limitations on adoption or foster care

Frequently Asked Questions

1- What does Article 120b UCMJ cover regarding indecent exposure?
Article 120b of the Uniform Code of Military Justice (UCMJ) criminalizes the sexual abuse of a child, including offenses involving indecent exposure. This means exposing oneself or engaging in indecent acts in the presence of a child with the intent to gratify sexual desire.

2- What constitutes “indecent exposure” under Article 120b?
Indecent exposure involves intentionally exposing one’s genitals or engaging in other sexually explicit behavior in the presence of a child. This can include showing private parts or performing sexual acts with the intent to cause sexual arousal or exploitation.

3- Who is considered a child under Article 120b UCMJ?
Under Article 120b, a child is defined as any person under the age of 16. The law specifically targets individuals in this age group when it comes to sexual abuse and indecent exposure.

4- What are the legal consequences for violating Article 120b with respect to indecent exposure?
Consequences for violating Article 120b can include severe legal penalties such as imprisonment, dishonorable discharge from the military, and forfeiture of pay and allowances. The exact penalty depends on the nature of the offense and the ruling of the court.

5- Can an individual be tried for indecent exposure in both military and civilian courts?
Typically, offenses committed by military personnel are adjudicated under the UCMJ in a military court. However, depending on the circumstances, such as where the offense occurred and the specific details of the case, civilian authorities might also be involved.

6- What should someone do if they witness or suspect indecent exposure involving a child?
It is crucial to report any instances of indecent exposure involving a child to the appropriate authorities immediately. This may include military law enforcement, local police, or child protective services, to ensure the safety of the child and proper handling of the situation.

7- Are there support services available for victims of indecent exposure?
Yes, victims of indecent exposure, including children, have access to a range of support services. These services may include counseling, legal assistance, and advocacy programs. Both military and civilian organizations can provide support to help victims and their families.

8- How can someone accused of indecent exposure seek legal assistance?
An individual accused of indecent exposure under Article 120b should seek legal representation from a qualified military defense attorney or a civilian lawyer with experience in military law. Legal counsel can offer guidance and represent the accused throughout the legal proceedings.

9- What impact can a conviction for indecent exposure under Article 120b have on a service member’s career?
A conviction for indecent exposure under Article 120b can have serious repercussions on a service member’s career, including potential dismissal from the military, loss of rank, and a permanent criminal record. It can also affect future career prospects and personal reputation.