What does Article 120c of the UCMJ cover?

Article 120c includes indecent exposure, lewd acts, voyeurism, and conduct considered grossly offensive to community standards of decency.
These allegations vary widely and can stem from on-base housing, barracks incidents, public places, digital behavior, or interactions involving minors.

What qualifies as “indecent conduct” under military law?

Indecent conduct is behavior that is immoral, vulgar, or grossly offensive and violates community standards of decency.
This may include:

• Indecent exposure
• Lewd acts in public or semi-public places
• Intentional sexual gestures in the presence of others
• Sexualized communication with minors
• Voyeurism or recording someone without consent

Context, intent, and location matter.

Does the government need to prove intent?

Yes.
The prosecution must show that the accused’s conduct was intentional and that they knew, or should have known, the behavior was indecent or offensive.
Accidental exposure or misunderstanding does not automatically equal guilt.

What is “indecent exposure” under Article 120c?

Indecent exposure involves intentionally exposing one’s genitals in a public or semi-public place, or in the presence of another person,
with the intent to arouse, gratify sexual desire, or offend others.
Accidental exposure or being unaware someone observed the exposure may undermine the government’s case.

Can a private act still be charged as indecent conduct?

Yes.
Military prosecutors sometimes charge indecent conduct for:

• Exposure visible through a window
• Sexual activity in a barracks room visible to others
• Recorded sexual acts shared without consent

The key question is whether the conduct violated community standards of decency.

How does Article 120c differ from Article 120 and 120b?

Article 120 deals with adult sexual assault and rape.
Article 120b involves sexual offenses against minors.
Article 120c focuses on indecent or lewd behavior, exposure, and voyeurism — often without physical contact.
Punishments vary significantly depending on the conduct alleged.

Can digital behavior be charged under Article 120c?

Yes.
Common digital allegations include:

• Sending indecent photos
• Live video exposure
• Recording sexual acts without consent
• Sharing explicit content

Screenshots and metadata often become crucial evidence.

What if someone accidentally saw me naked?

Accidental exposure is not indecent exposure.
Intent is required.
However, misunderstandings in barracks, locker rooms, and overseas housing environments often lead to serious investigations.
Evidence of intent — or lack of intent — can make or break the case.

How do allegations involving minors affect Article 120c charges?

If the conduct involved a minor under 16, prosecutors may charge under Article 120b or 120c, depending on the conduct.
Even non-physical allegations involving minors often result in extremely aggressive investigation and prosecution.

What penalties can Article 120c carry?

Penalties depend on the specific misconduct, but may include:

• Confinement
• Punitive discharge (Bad Conduct or Dishonorable)
• Reduction to E-1
• Forfeiture of pay
• Sex offender registration (in some indecent exposure or lewd act cases)

Even “minor” cases can end careers.

Can I be separated even if the case does not go to trial?

Yes.
Commands frequently use:

• Administrative separation boards
• Boards of Inquiry
• Derogatory evaluations
• GOMORs or LOCs

even when the allegation cannot be proven.

Is it possible to win an indecent conduct case without physical evidence?

Yes.
Many Article 120c cases rely solely on one person’s perception or interpretation of an event.
Witness credibility, context, and motive often matter more than physical evidence.

Can I be charged for being naked in my own barracks or housing?

Sometimes.
Inappropriate visibility, open blinds, or shared-space misunderstandings have led to charges.
However, without proof of intent, many of these cases fall apart under scrutiny.

How does the military treat voyeurism under Article 120c?

Voyeurism includes observing or recording another person’s private area or sexual activity without consent.
This can include:

• Hidden cameras
• Bathroom recordings
• Watching someone undress without their knowledge

Intent and privacy expectations are major factors.

What if alcohol was involved?

Alcohol frequently complicates Article 120c cases.
Intoxication may affect the perception of witnesses, the actions of the accused, and the reliability of statements.
However, intoxication does not automatically excuse or criminalize conduct.

Can jokes, pranks, or immature behavior lead to Article 120c charges?

Yes.
Barracks humor, hazing, or inappropriate jokes can escalate into criminal allegations if they cross into lewd or indecent territory.
Intent and context will be examined.

Should I talk to my chain of command about the allegation?

No.
Many service members unintentionally incriminate themselves by “explaining.”
Your command may forward anything you say directly to investigators.
Invoke your right to remain silent and speak only to a lawyer.

Why do service members hire civilian counsel for Article 120c cases?

Because even “minor” indecency cases can destroy a career.
Civilian lawyers provide:

• Independent investigation
• More time and resources than military counsel may have
• Strategic defense planning
• Experience challenging digital and witness-driven allegations

These cases are often won by preparation, not chance.

What experience does Gonzalez & Waddington have with Article 120c cases?

Our firm has defended indecent conduct cases involving exposure, digital misconduct, voyeurism, and allegations involving minors.
We have tried cases at Fort Hood, Fort Bragg, Fort Cavazos, Fort Campbell, Germany, Italy, Korea, Japan, and dozens of other installations worldwide.
We are known for dismantling weak allegations, challenging exaggerated testimony, and identifying investigative flaws.

How do Gonzalez & Waddington build defenses in 120c cases?

Depending on the facts, we may:

• Reconstruct timelines and camera angles
• Analyze digital metadata
• Challenge witness motives and credibility
• Expose investigative shortcuts
• Demonstrate lack of intent or mistaken perception

Every case is built around precision, forensic analysis, and strong cross-examination.

What should I do right now if accused of indecent conduct?

• Stop talking about the case
• Do not delete digital evidence
• Follow all orders and restrictions
• Avoid joking or discussing the allegation with anyone
• Call a civilian military defense lawyer immediately

Early strategy often determines whether a case is dismissed or escalates to court-martial.