Article 120c UCMJ Indecent Exposure

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

“Your career, reputation, and even your freedom hang in the balance. A single misstep could derail everything you’ve worked for. This isn’t just a legal matter; it’s a fight for your future.” (Michael Waddington, Military Defense Lawyer).

Note: This law applies only to Article 120c UCMJ Indecent Exposure offenses allegedly committed on or after 1 January 2019. Manual for Courts-Martial, United States (2024 ed.)

What is Article 120c UCMJ Indecent Exposure?

Article 120c of the Uniform Code of Military Justice (UCMJ) addresses indecent exposure, a serious offense that can have significant repercussions for service members. Understanding this article is crucial for anyone involved in a military criminal case related to indecent exposure. Article 120c UCMJ Indecent Exposure is defined as the deliberate display of one’s genitalia, anus, buttocks, or female breasts in a public setting or in a way that could reasonably be expected to offend or alarm another person. The key element here is intent; the act must be willful, not accidental. This article categorizes indecent exposure as both a criminal offense and a violation of the standards of behavior expected from military personnel.

Conviction under Article 120c UCMJ can lead to severe consequences, including dismissal from the military, imprisonment, and a permanent criminal record. The stigma of such a conviction can affect future employment opportunities, personal relationships, and overall life trajectory. Given these potential outcomes, it is paramount to understand one’s rights and the legal intricacies involved. Manual for Courts-Martial, United States (2024 ed.)

Why You Need an Experienced Military Defense Lawyer

If you or a loved one are facing accusations of Article 120c UCMJ Indecent Exposure, having a qualified military defense lawyer by your side is invaluable. Navigating the complexities of military law requires a deep understanding of the legal framework and the unique environment of the military justice system. An experienced attorney can help build a robust defense, ensuring that all aspects of the case are thoroughly examined and your rights are fully protected. At Gonzalez & Waddington, we are committed to delivering comprehensive legal support to service members facing charges under Article 120c UCMJ Indecent Exposure. If you are in such a situation, do not hesitate to seek skilled legal counsel to help you navigate this challenging time.

What are the Elements of Article 120c UCMJ Indecent Exposure?

1. That (state the time and place alleged), the accused exposed (his) (her) [(genitalia) (anus) (buttocks) (female areola) (female nipple)];

2. That such exposure was done in an indecent manner; and

3. That such exposure was intentional. Manual for Courts-Martial, United States (2024 ed.)

What are the Maximum Punishments for Article 120c UCMJ Indecent Exposure?

Maximum Punishment for Article 120c UCMJ Indecent Exposure committed between 1 Jan 2019 to 27 Dec 2023:

• 1 Year of Confinement
• Dishonorable Discharge, BCD, Dismissal
• Total Forfeitures
• Reduction to E-1
• Collateral Consequences of a Federal Felony Conviction

Maximum Punishment for Article 120c UCMJ Indecent Exposure committed after 27 Dec 2023

• Under the Sentencing Parameters, Article 120c UCMJ Indecent Exposure is a Category 1 Offense – Confinement from 0-12 months
• Dishonorable Discharge, BCD, Dismissal
• Total Forfeitures
• Reduction to E-1
• Collateral Consequences of a Federal Felony Conviction
• 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.)

Combined UCMJ Maximum Punishment Charts

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

Sample Specifications for Article 120c UCMJ Indecent Exposure

In that GySgt Tyrone Peters, US Marine Corps, did, at Kaneohe Bay, Hawaii, on or about  27 May 2025, intentionally expose his genitalia, in an indecent manner, to wit: in front of a class of kindergarten students.

Model Specifications for Article 120c UCMJ Indecent Exposure

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about  ________, intentionally expose [his (genitalia) (anus) (buttocks)] [her (genitalia) (anus) (buttocks) (areola) (nipple)], in an indecent manner, to wit: ________.

Examples of Article 120c UCMJ Indecent Exposure

Article 120c of the Uniform Code of Military Justice (UCMJ) addresses indecent exposure, which involves the intentional exposure of one’s genitalia, anus, buttocks, or female breasts under circumstances in which the exposure is likely to be viewed as offensive or inappropriate. Below are 15 examples of indecent exposure under Article 120c UCMJ, each with a brief explanation.

1. Public Nudity: An individual deliberately exposing their genitalia in a public place, such as a park or street, where others are likely to see and be offended.
2. Exposing in Barracks: A service member intentionally walks around their barracks without clothing, exposing themselves to fellow service members who do not consent to see them naked.
3. Flashing: Deliberately revealing one’s genitalia to another person in a public or semi-public setting, such as from a car or behind a bush, with the intent to shock or offend.
4. Indecent Exposure During Physical Training: A service member intentionally undresses in a communal area during physical training, exposing their genitalia to others present.
5. Public Urination: A service member urinating in a public space where others can see, deliberately exposing their genitalia in the process.
6. Sexual Acts in Public: Engaging in sexual acts in a public setting where others are likely to witness, thereby exposing their genitalia.
7. Exposing in a Work Environment: Deliberately exposing one’s genitalia in a military office or workspace, causing distress or discomfort to colleagues.
8. Mooning: Deliberately exposing one’s buttocks in a public or semi-public setting as a prank or act of defiance.
9. Indecent Exposure in Military Housing: A service member intentionally walks around their military housing unit naked, with windows or doors open, allowing passersby to see them.
10.  Inappropriate Use of Social Media: Posting or sending images of one’s genitalia to others without their consent, knowing it would be offensive or inappropriate.
11. Exposing in a Vehicle: Intentionally exposing one’s genitalia while inside a vehicle, ensuring that pedestrians or other drivers can see.
12. Public Showering Without Privacy: A service member deliberately showering in a public area without any attempt to cover themselves, where others are likely to witness the exposure.
13. Exposing During a Fitness Test: Intentionally undressing or partially undressing during a fitness test or similar activity, exposing oneself to others present.
14. Exposing in Front of Subordinates: An officer or senior enlisted member exposing their genitalia in front of subordinates, creating an uncomfortable or hostile environment.
15. Voyeuristic Exposure: Deliberately exposing oneself while observing others in a private act, such as in a locker room or through a window, without their knowledge or consent.

These examples illustrate various scenarios in which a service member’s actions could be considered indecent exposure under Article 120c UCMJ Indecent Exposure. Such behavior is deemed inappropriate and offensive, warranting disciplinary action to maintain the standards and integrity of the military.

What are the Definitions for Article 120c UCMJ Indecent Exposure?

“Indecent manner” under Article 120c UCMJ Indecent Exposure means conduct 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 concerning sexual relations. Manual for Courts-Martial, United States (2024 ed.)

“Intentional” under Article 120c UCMJ Indecent Exposure means willful or on purpose. An act done as the result of a mistake or accident is not done “intentionally.”

Was the Conduct Indecent Under Article 120c UCMJ Indecent Exposure?

On the issue of whether the exposure was indecent, under Article 120c UCMJ Indecent Exposure, if raised by the evidence, the Military Judge should give the following instruction, specifically tailored to the evidence in the case:

You should consider all the facts and circumstances surrounding an intentional exposure when determining whether it was indecent.

Specifically, factors you should consider include but are not limited to: (whether the person witnessing the exposure consented to the exposure); (the age of the accused and the person(s) witnessing the exposure); (whether the exposure was made in a public or private setting); (proximity of age between the accused and the alleged victim); (and) (prior relationship between the accused and the alleged victim).

Other instructions for Article 120c UCMJ Indecent Exposure

• Instruction 7-3, Circumstantial Evidence (Intent)
• Instruction 6-5, Partial Mental Responsibility
• Instruction 5-17, Evidence Negating Mens Rea, and
• Instruction 5-12, Voluntary Intoxication, may be appropriate, bearing on the issue of intent.

Overview of Article Article 120c UCMJ Indecent Exposure

Article 120c UCMJ Indecent Exposure is a specific provision within the Uniform Code of Military Justice (UCMJ) that addresses the intentional and inappropriate exposure of one’s genitalia, anus, buttocks, or female breasts in a manner that is likely to offend or disturb others. This article is crucial in maintaining the discipline, order, and moral integrity expected within the military environment.

Hiring a Military Defense Lawyer for Article 120c UCMJ Indecent Exposure

The primary focus of Article 120c UCMJ Indecent Exposure is to deter service members from engaging in behavior that could be considered sexually explicit and offensive. The UCMJ categorically defines indecent exposure as the deliberate, public display of private body parts in a context that is likely to be viewed as lewd or improper by a reasonable person. This could include, but is not limited to, exposing oneself in public places, during military duties, or in any setting where such exposure is unwelcome and inappropriate.

Selecting the Best Military Defense Lawyers for Article 120c UCMJ Indecent Exposure

Article 120c UCMJ Indecent Exposure covers a wide range of scenarios. For instance, a service member who intentionally disrobes and exposes their genitalia in a public park, barracks, or workplace could be charged under this article. Similarly, engaging in sexual acts in public or semi-public areas where others might witness the act also falls under the purview of Article 120c UCMJ Indecent Exposure.

Understanding Article 120c UCMJ Indecent Exposure

The implications of violating Article 120c UCMJ Indecent Exposure are severe. Service members guilty of this offense may face court-martial, administrative action, or other disciplinary measures. The severity of the punishment typically depends on the circumstances of exposure, including the setting, intent, and impact on others. Convictions can lead to punitive measures such as demotion, forfeiture of pay, confinement, or even a dishonorable discharge, significantly impacting one’s military career and prospects.

Purpose of Article 120c UCMJ Indecent Exposure

Enforcing Article 120c UCMJ Indecent Exposure is essential for preserving the dignity and respect inherent in military service. By strictly regulating behavior that involves inappropriate exposure, the military aims to create a professional and respectful environment for all service members. This article underscores the importance of personal conduct that aligns with the values and standards expected of military personnel.

Court Martial Lawyers for Article 120c UCMJ Indecent Exposure

In conclusion, Article 120c UCMJ Indecent Exposure serves as a vital legal framework within the military justice system, addressing behaviors that undermine the armed forces’ professional and moral standards. Service members must be acutely aware of the boundaries set by this article to avoid conduct that could lead to serious legal and career repercussions. The strict enforcement of Article 120c UCMJ Indecent Exposure is a testament to the military’s commitment to upholding high standards of discipline and respect.

Indecent Exposure Reporting Data

“In APY 22-23, there were multiple reports of indecent exposure involving cadets, midshipmen, and prep students, highlighting an ongoing concern within military academies.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 10

“The reports of indecent exposure were part of the broader category of sexual misconduct that saw an overall decrease in APY 22-23.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8

Demographics and Trends

“Most victims in investigations of indecent exposure incidents are female, aligning with the general trend observed in other forms of sexual misconduct.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“Indecent exposure incidents primarily involved subjects aged 16-24, who represent the majority demographic within the military academies.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

Military Justice Outcomes

“By the end of APY 22-23, several cases of indecent exposure had progressed to military justice proceedings, reflecting the serious nature of these offenses.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

“Indecent exposure cases resulted in various disciplinary actions, including court-martial charges, nonjudicial punishment, and administrative discharges.” Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 16