Gonzalez & Waddington, Attorneys at Law defend service members accused of Article 120c indecent conduct, indecent exposure, and sexual misconduct. In nearly every 120c case, cell phones, computers, and digital evidence become the centerpiece of the government’s case. This guide explains how prosecutors use digital data to build cases—and how the defense can fight back with forensic analysis and strategic cross-examination.

Types of Digital Evidence in Article 120c Cases

• Text messages & DMs: Flirtation, explicit photos, or “jokes” often form the basis of indecent conduct charges.
• Photos & videos: Alleged indecent exposure or “sexting” images pulled from devices or cloud storage.
• Social media: Posts, stories, and private messages used to show intent or audience reach.
• Metadata: Timestamps, geolocation data, and device information linking content to the accused.
• Deleted files: Forensic recovery of erased texts, images, or browsing history.

How the Government Uses Digital Evidence

• Intent: Prosecutors use explicit texts and memes to argue sexual intent.
• Distribution: Sending images or messages to others is framed as “indecent conduct.”
• Timeline: Metadata helps place when and where alleged conduct occurred.
• Corroboration: Digital evidence is paired with witness testimony to strengthen credibility.
• Impeachment: Inconsistencies between testimony and digital records are used against the accused.

Defense Strategies for Digital Evidence

• Full context: Demand entire text threads and message histories, not cherry-picked screenshots.
• Alternative sender: Prove someone else had access to the device or account.
• Metadata challenges: Highlight errors, missing geolocation, or manipulated timestamps.
• Consent: Show that the recipient consented to messages or images.
• Digital forensics: Use independent experts to validate or discredit government analysis.

Cross-Examination Targets

Investigators

• Did they seize all devices or just one?
• How did they ensure chain of custody and prevent tampering?
• Were native files reviewed, or just screenshots?

Forensic Analysts

• What tools were used to extract data (Cellebrite, Oxygen, etc.)?
• What is the error rate of the software?
• Did they confirm ownership and exclusive use of the device?

Common Mistakes to Avoid

• Deleting messages or apps—looks like destruction of evidence.
• Assuming screenshots are the full story—they rarely are.
• Admitting to sending texts/images without verifying authenticity.
• Failing to request expert funding for a digital forensic review.

Defense Framework for Digital Evidence in Article 120c

1. Context: Show the full message thread and tone (mutual banter vs. harassment).
2. Consent: Establish that the recipient welcomed or participated in the exchange.
3. Authentication: Challenge whether the accused truly sent the messages/photos.
4. Forensics: Use experts to uncover errors, alternate explanations, or tampering.
5. Reasonable doubt: Argue that digital evidence alone cannot prove indecent intent.

Video: Cell Phones and Digital Evidence in Article 120c Cases

Fight Digital Evidence With Forensic Science

The government often oversells cell phone evidence in 120c cases. We use independent forensic experts and cross-examination to reveal context, expose errors, and dismantle weak prosecutions built on texts or photos.

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

FAQs: Digital Evidence in Article 120c Cases