Gonzalez & Waddington, Attorneys at Law defend service members worldwide accused of indecent conduct, indecent exposure, and other offenses under Article 120c of the UCMJ. These charges can seem minor compared to sexual assault, but they often carry career-ending consequences including punitive discharges, confinement, and sex-offender registration. This guide explains how Article 120c works, what evidence is usually presented, and how to fight back effectively.

What Article 120c Covers

• Indecent Exposure: Intentionally exposing genitalia in an indecent manner in a place where others are present or could reasonably observe.
• Indecent Conduct: Engaging in behavior of a sexual nature that is grossly offensive to community standards (includes public sex acts, sending explicit images, or “indecent viewing”).
• Indecent Viewing/Recording: Knowingly viewing or recording private areas of another person without consent (sometimes called “peeping” or “upskirting”).

Elements of Proof Under Article 120c

• The accused committed the act intentionally.
• The conduct was indecent—grossly offensive to community standards of decency.
• Another person was present or reasonably likely to observe (for exposure charges).
• For recording/viewing: The accused knowingly engaged in non-consensual viewing or recording.

Potential Punishments

• Punitive discharge: Dishonorable discharge (enlisted) or dismissal (officers).
• Confinement: Ranges from months to years depending on the severity and circumstances.
• Sex offender registration: Many 120c convictions require registration in federal and state databases.
• Collateral damage: Loss of benefits, ruined career, and permanent stigma—even for “minor” acts.

How the Government Builds Its Case

• Digital evidence: Photos, videos, texts, and metadata from phones or computers.
• Witness testimony: People who allegedly saw the act, or who claim to have received images.
• Forensic analysis: Device extractions, recovery of deleted files, and cloud backups.
• Accused statements: Admissions or “jokes” made during questioning—often used against you.

Defense Strategies for Article 120c Cases

• Consent: For images or viewing allegations, prove the other party consented or knew.
• Lack of intent: Show the conduct was accidental, unintentional, or misinterpreted.
• Challenge indecency: Argue that the behavior, while inappropriate, does not rise to “grossly offensive” community standards.
• Digital forensics: Attack authenticity of images or metadata; demand proof that you actually created/sent them.
• Motive to lie: Establish retaliation, jealousy, or exaggeration by the accuser.

Mistakes to Avoid If Accused

• Admitting intent: Saying “I was just joking” or “I didn’t mean it” can sound like an admission.
• Deleting evidence: Erasing files looks like obstruction and rarely helps.
• Contacting the accuser: Can be seen as harassment or witness tampering.
• Assuming it’s minor: Even “small” acts under Article 120c often lead to separation or discharge.

Defense Framework for Article 120c Charges

1. Intent: Was this deliberate or accidental?
2. Context: Was the behavior truly "indecent" under the law?
3. Consent: Did the other person consent to the conduct or image?
4. Forensics: Are the digital files authentic and linked to you?
5. Motive: Does the accuser have a reason to exaggerate or fabricate?

Video: Understanding Article 120c Charges

Fight Back Against Article 120c Allegations

Article 120c charges can seem trivial, but the consequences are life-changing. We use digital forensics, cross-examination, and expert testimony to dismantle weak government cases and protect careers, benefits, and freedom.

Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607

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