What does Article 134 prohibit regarding indecent images?

Article 134 criminalizes knowingly possessing, receiving, viewing, distributing or producing images that depict minors engaging in sexually explicit conduct.
It also includes pseudo-images, cartoons, digital composites and certain forms of eroticized content involving minors.
Knowledge, intent and age are key elements.

What is considered “child pornography” under the UCMJ?

Under military law, an image qualifies as child pornography if it depicts:

• A real minor engaged in sexually explicit conduct
• A minor’s genitals or pubic area with lascivious intent
• A digital composite or CGI image where a minor appears to be involved in sexual conduct

Even non-nude images may qualify if they are sexualized or lascivious according to legal standards.

What if I did not know the images were illegal?

Knowledge is a required element.
However, prosecutors often argue that the filenames, context, search terms or behavior of the user show intent or awareness.
A strong defense may challenge whether the accused knowingly downloaded, viewed or possessed the files.

Can I be charged for viewing images that were automatically cached?

Yes, but the defense may argue lack of intent or knowledge.
Many devices create thumbnails, previews and cached files without the user’s awareness.
The technical details matter, and digital forensic experts are often crucial in disproving intentional viewing or possession.

How do these investigations usually begin?

Common triggers include:

• Social media platform reports
• CyberTipline referrals from NCMEC
• Peer-to-peer network monitoring
• A roommate or spouse discovering images
• Device repairs revealing concerning content
• Foreign law enforcement referrals to NCIS, CID, OSI or CGIS

Once reported, law enforcement swiftly seizes devices and begins forensic imaging.

Will investigators seize my phone, hard drives and cloud accounts?

Almost always.
Child pornography cases nearly always involve:

• Device seizures
• Search authorizations
• Forensic imaging
• Cloud storage warrants
• Social media subpoenas

Deleting content after learning about the investigation can lead to obstruction charges.

What happens during a digital forensic examination?

Forensic analysts:

• Clone your devices
• Recover deleted files
• Review hidden folders and caches
• Analyze metadata, timestamps and download paths
• Check chat logs, browser history and app data

The defense can challenge assumptions, chain of custody, and analysis conclusions.

Can pop-ups, viruses or malware cause illegal images to appear on my device?

Yes.
Malware, bots, corrupt ads, forced redirects and auto-download scripts sometimes download images without the user’s knowledge.
A skilled defense team can work with digital forensic experts to analyze whether this occurred in your case.

What if the images came from a shared device or computer?

Shared access can create reasonable doubt.
Prosecutors must prove who intentionally accessed or possessed the content.
Evidence such as login patterns, user profiles, time stamps and network activity become crucial.

What are the maximum punishments for Article 134 child pornography offenses?

Penalties may include:

• Years or decades of confinement
• Dishonorable or Bad Conduct Discharge
• Permanent federal conviction
• Sex offender registration
• Loss of retirement benefits
• Lifetime restrictions on employment, internet use and residency

Even a single file can lead to severe punishment.

Can I be discharged even without a court-martial conviction?

Yes.
Commands can initiate administrative separation boards or Boards of Inquiry based solely on an investigation.
The burden of proof is much lower than at a court martial.
An Other Than Honorable discharge can permanently affect employment and veterans benefits.

Can civilian authorities also charge me?

Yes.
Many jurisdictions prosecute child pornography offenses at the state or federal level.
You may face:

• Court martial charges
• Federal criminal prosecution
• State-level charges

Sometimes all three agencies coordinate investigations.

What if the images were sent to me without my request?

This is common in group chats, spam folders, and social media.
The defense must show you did not intentionally save, store, forward or view the content.
Intent is a critical element that prosecutors must prove.

How important is metadata in these cases?

Extremely important.
Metadata can show:

• When a file was created or accessed
• Whether it was intentionally downloaded or auto-saved
• Who was logged in at the time
• Device locations at key moments

A skilled defense team often re-analyzes forensic data to challenge government assumptions.

Should I talk to investigators about the allegations?

In most cases, no.
Service members often unintentionally incriminate themselves by trying to explain digital behavior they do not fully understand.
Politely invoke your right to remain silent and request a lawyer.

How does the military handle “pseudo-images” or anime-style content?

Some digitally generated images may still be prosecuted if they depict minors in sexual scenarios.
However, these cases often have strong constitutional and intent-based defenses.
The defense may challenge whether the images legally qualify as child pornography.

How does Gonzalez & Waddington defend Article 134 child pornography cases?

Depending on the facts, the defense may:

• Challenge the forensic analysis
• Identify malware or auto-download issues
• Challenge the age and nature of the images
• Expose investigative shortcuts
• Present expert testimony on digital behavior
• Show lack of intent or knowledge

Our firm has defended digital sex crimes for decades across multiple continents.

What experience does Gonzalez & Waddington have with UCMJ digital sex crimes?

Michael Waddington and Alexandra Gonzalez-Waddington have defended service members accused of child pornography, indecent image possession, online enticement and other computer-based offenses around the world.
Their cases often involve complex forensic evidence, multi-agency investigations and cross-border digital subpoenas.

Can a case be won if illegal images were found?

Yes.
Possession alone is not enough—the prosecution must prove knowledge and intent.
Cases have been won by showing:

• Unintentional downloads
• Shared device access
• Auto-save features
• Mistaken identification of minors
• False positives from forensic tools

The details matter.

Will I have to register as a sex offender?

Most Article 134 child pornography convictions require federal sex offender registration.
This affects:

• Where you live
• Where you work
• Travel and passport limitations
• Internet use restrictions

Avoiding registration is often a central goal of the defense.

What should I do right now if I’m under investigation?

• Do not talk to investigators
• Do not attempt to delete files (this can worsen the case)
• Do not talk about the case with coworkers or family
• Do not connect devices to the internet
• Contact a civilian military defense lawyer immediately

Early strategy often determines whether the case escalates or collapses.