Article 120c UCMJ – Military Sexual Crimes Defense Lawyers

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 120c UCMJ? 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).

Article 120c UCMJ is a Serious Offense

Article 120c of the Uniform Code of Military Justice (UCMJ) addresses non-consensual observation, recording, and distribution of private and intimate content, commonly referred to as “indecent viewing, visual recording, or broadcasting.” Manual for Courts-Martial, United States (2024 ed.)

Article 120c UCMJ criminalizes behaviors such as voyeurism, unauthorized recording, and the dissemination of explicit images or videos without consent. Violations can occur in various contexts, including secretly observing someone in a private setting, using hidden cameras, or distributing intimate content without permission.

The seriousness of Article 120c violations lies in their profound impact on victims’ privacy and dignity. Such actions can lead to severe emotional and psychological trauma, damaging the victim’s personal and professional life.

Additionally, these offenses undermine trust within military ranks and can severely affect unit cohesion and morale. The military takes these violations seriously, often pursuing harsh penalties, including dishonorable discharge, forfeiture of pay, and confinement.(Alexandra Gonzalez-Waddington, Military Defense Lawyer)

Court Martial Lawyers for Article 120c UCMJ Cases

Given the gravity of the consequences, anyone accused of violating Article 120c should consider hiring an experienced military defense lawyer. Defending against such charges requires in-depth knowledge of military law, privacy rights, and the nuances of digital evidence. A skilled lawyer can provide a robust defense, challenging the prosecution’s evidence and ensuring the accused’s rights are protected throughout the legal process.

An experienced attorney can navigate the complexities of military court-martial proceedings, potentially mitigating the charges or achieving a favorable outcome. Hiring a knowledgeable defense lawyer is crucial for those facing these serious accusations, as it significantly influences the case’s trajectory and resolution.

Article 120c UCMJ Indecent Viewing, Visual Recording, Broadcasting or Distributing of an Indecent Recording

Article 120c UCMJ: Indecent Viewing – Maximum Punishments

• Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 1 year, E-1
• Offenses committed after 27 Dec 2023: Category 1 Offense – Confinement from 0-12 months Manual for Courts-Martial, United States (2024 ed.)

Article 120c UCMJ: Indecent recording – Maximum Punishments

• Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 5 years, E-1
• Offenses committed after 27 Dec 2023: Category 2 Offense – Confinement from 1-36 months (1 month to 3 years), a DD, TF, and E-1 Manual for Courts-Martial, United States (2024 ed.)

Article 120c UCMJ: Broadcasting or distributing of an indecent recording – Maximum Punishments

• Offenses committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 7 years, E-1
• Offenses committed after 27 Dec 2023: Category 2 Offense – Confinement from 1-36 months (1 month to 3 years), a DD, TF, and E-1 Manual for Courts-Martial, United States (2024 ed.)

Examples of conduct that could constitute a violation of Article 120c of the UCMJ:

1. Peeping Tom Behavior: Secretly observing someone in a private area without their consent.
2. Voyeurism: Watching someone who is undressing, using the restroom, or engaged in sexual activity without their knowledge or consent.
3. Recording Without Consent: Using a camera or other recording device to capture images or videos of someone in a private setting without their consent.
4. Distributing Unauthorized Images: Sharing or distributing images or videos of someone taken without their consent, especially in a private or sexual context.
5. Surveillance in Private Areas: Installing hidden cameras in bathrooms, bedrooms, or other private areas to secretly record individuals.
6. Unauthorized Access to Private Data: Hacking into someone’s device to obtain intimate images or videos without permission.
7. Intentionally Viewing Private Content: Intentionally accessing private images or videos of another person without their permission, even if not distributed.
8. Non-Consensual Sharing of Intimate Images: Sharing private, intimate images of someone without their consent, often referred to as “revenge porn.”
9. Inappropriate Use of Surveillance Equipment: Using surveillance equipment to monitor individuals in private areas without their consent.
10. Improper Conduct During Medical Examinations: Recording or observing someone without consent during a medical examination.
11. Using Technology to Spy on Private Activities: Using drones or other advanced technology to spy on individuals in their private spaces.
12. Stalking with Intent to View Private Acts: Following someone to observe them in private settings.
13. Unauthorized Entry to view: Entering someone’s residence without permission to observe or record them in private acts.
14. Recording Private Conversations: Capturing private, intimate conversations without the consent of those involved.
15. Covert Use of Mirrors or Other Reflective Devices: Using mirrors or other reflective surfaces to observe someone in private without their knowledge.
16. Spying on Someone Through Digital Means: Using software to remotely access someone’s webcam or microphone to observe or listen to them in private.
17. Invasion of Privacy During Work or School: Observing or recording someone in private areas at their workplace or school without consent.
18. Manipulating Digital Media for Sexual Gratification: Altering digital images or videos of someone to create fake intimate content without their permission.
19. Dissemination of Fake Intimate Content: Sharing fake intimate images or videos of someone to harm their reputation or for personal gratification.
20. Non-Consensual Viewing During Live Streams: Watching live-streamed private acts without the knowledge or consent of those being recorded.
21. Recording in Public Restrooms or Locker Rooms: Using recording devices to capture images or videos in places where individuals expect privacy.
22. Forcing Someone to View Intimate Content: Forcing someone to view intimate images or videos of themselves or others without their consent.
23. Using Intimate Content for Blackmail: Threatening to share intimate images or videos of someone without their consent unless they comply with certain demands.
24. Sharing Private Images on Social Media: Posting private, intimate images or videos of someone on social media without their consent.
25. Unauthorized Access to Private Clouds: Accessing and distributing intimate images or videos stored in private cloud accounts without permission.

These examples illustrate how individuals can violate Article 120c of the UCMJ, focusing on the unauthorized observation, recording, and distribution of private, intimate content.

Procedural Process for Article 120c UCMJ Offenses

The procedural process for handling cases under Article 120c UCMJ involves several steps, from initial reporting to the final resolution. This process ensures that the rights of the accused are protected while maintaining the integrity of the military justice system.

1. Reporting: Indecent exposure incidents are typically reported to military authorities, such as a commanding officer, military police, or the Judge Advocate General’s (JAG) office.
2. Investigation: Once reported, an investigation is conducted to gather evidence, interview witnesses, and establish the facts of the case. This may involve military criminal investigative organizations like the Naval Criminal Investigative Service (NCIS) or Army Criminal Investigation Command (CID).
3. Charges and Convening Authority: If sufficient evidence is found, charges are preferred against the accused, and the convening authority decides whether to proceed with a court-martial or NJP.
4. Preliminary Hearing: In the case of a court-martial, a preliminary hearing under Article 32 UCMJ is conducted to determine if there is probable cause to proceed with the charges.
5. Court-Martial or NJP: Depending on the outcome of the preliminary hearing, the case may proceed to a court-martial or be resolved through NJP.
6. Trial and Sentencing: During the court-martial, the prosecution and defense present their cases, and the panel (jury) or military judge delivers a verdict. If found guilty, sentencing is determined based on the circumstances of the offense.

What is Article 120c UCMJ Indecent Viewing?

Article 120c of the Uniform Code of Military Justice (UCMJ) addresses several offenses related to indecent acts, including indecent viewing, recording, or broadcasting. This article is designed to protect the privacy and dignity of individuals within the military by criminalizing certain behaviors that violate personal boundaries.

Understanding the specifics of Article 120c UCMJ Indecent Viewing is essential for both service members and legal practitioners within the military justice system.

Understanding Article 120c UCMJ Indecent Viewing

Indecent viewing under Article 120c UCMJ involves intentionally observing another person in a situation where they have a reasonable expectation of privacy and are undressed or engaged in a private act. The primary elements that constitute this offense include:

1. Intentional Act: The viewing must be done intentionally, not accidentally or inadvertently.
2. Expectation of Privacy: The observed individual must be in a situation where they reasonably expect privacy, such as a bathroom, locker room, or private quarters.
3. State of Undress or Private Act: The individual being viewed must be undressed, partially undressed, or engaged in an act that is considered private, such as sexual activity.

The key factor in these cases is the violation of privacy. Service members are expected to uphold high standards of conduct, and any action that undermines the privacy and dignity of others is taken seriously within the military justice system.

Basics Elements and Burden of Proof in Article 120c UCMJ Indecent Viewing Cases

To secure a conviction under Article 120c UCMJ Indecent Viewing, the prosecution must prove the following elements beyond a reasonable doubt:

1. The Accused Intentionally Viewed Another Person: It must be established that the accused intentionally observed the victim.
2. Expectation of Privacy: The victim was in a place where they had a reasonable expectation of privacy.
3. Undressed or Engaged in a Private Act: At the time of the viewing, the victim was undressed, partially undressed, or engaged in a private act.

The prosecution must demonstrate that the viewing was intentional and violated the victim’s privacy. The defense may challenge these elements by arguing that the viewing was accidental, the victim did not have a reasonable expectation of privacy, or the accused did not intend to invade the victim’s privacy.

Potential Defenses for Article 120c UCMJ Indecent Viewing

Several defenses may be employed in cases involving Article 120c UCMJ Indecent Viewing:

1. Lack of Intent: The defense may argue that the exposure was not intentional, a crucial element of the offense. Accidental exposure or mistaken circumstances can negate the intent requirement.
2. Consent: If the exposure occurred with the viewing party’s consent and in a context where such behavior is acceptable (e.g., consensual intimate situations), it might serve as a defense.
3. Mistake of Fact: The accused may claim they believed the exposure would not be offensive or inappropriate. This defense requires showing that the belief was reasonable.
4. Mental Incapacity: Demonstrating that the accused lacked the mental capacity to understand the nature of their actions due to a mental disorder or impairment can also serve as a defense.
5. Duress: If the accused was coerced or forced into exposing themselves, this can be used as a defense to negate the voluntary nature of the act.
6. No Expectation of Privacy: Demonstrating that the victim did not have a reasonable expectation of privacy. This could involve showing that the area was public or semi-public where privacy is not reasonably expected.

The success of these defenses depends on each case’s specific facts and circumstances and the quality of evidence presented by both the prosecution and defense.

Consequences of Article 120c UCMJ Indecent Viewing

A conviction under Article 120c UCMJ Indecent Viewing carries severe penalties that can significantly impact a service member’s career and personal life. Possible penalties include:

1. Confinement: The convicted individual may face imprisonment, the duration of which depends on the severity of the offense and the specifics of the case.
2. Dishonorable Discharge: A conviction often results in a dishonorable discharge, which can have long-lasting effects on the individual’s reputation and future employment opportunities.
3. Forfeiture of Pay and Allowances: The service member may lose their military pay and benefits.
4. Reduction in Rank: The convicted individual may be demoted to a lower rank.

The exact penalties depend on the circumstances of the case and the discretion of the military judge or court-martial panel.

The Impact on Military Readiness and Cohesion of Article 120c UCMJ Indecent Viewing

Indecent viewing and similar offenses can profoundly impact military readiness and unit cohesion. Such behaviors erode trust among service members and undermine the core values of respect and integrity essential for effective teamwork and mission success. Addressing these offenses through Article 120c UCMJ helps maintain discipline and uphold the moral standards expected in the military.

By prosecuting and punishing indecent viewing, the military sends a clear message that such behaviors are unacceptable and will not be tolerated. This deterrent effect is crucial for maintaining a respectful professional environment where all service members feel safe and valued.

Case Studies and Examples of Article 120c UCMJ Indecent Viewing

To illustrate the application of Article 120c UCMJ Indecent Viewing, consider the following hypothetical case:

A service member is accused of installing a hidden camera in the female showers of a barracks. The camera captures video footage of several service members while they are undressed. Upon discovery of the camera, an investigation is launched, and the accused is identified as the person who installed the camera and viewed the recordings.

In this case, the prosecution would need to prove that the accused intentionally installed the camera to view the victims while they had a reasonable expectation of privacy. If convicted, the accused would face severe penalties, including possible confinement, dishonorable discharge, forfeiture of pay, and reduction in rank.

Another example might involve a service member who peers through a window into the private quarters of another service member, where the victim is undressed. The prosecution would need to establish that the accused intentionally looked into the window with the intent to view the victim in a private state.

The Role of Commanders and Leaders and Article 120c UCMJ Indecent Viewing

Commanders and military leaders play a crucial role in preventing and addressing indecent viewing and similar offenses. They are responsible for fostering a culture of respect and accountability within their units. This involves:

1. Education and Training: Provide training on privacy, consent, and respect for others. This will help service members understand the serious consequences of violating these principles.
2. Vigilance and Monitoring: Maintaining awareness of the behavior within their units and addressing any signs of misconduct promptly and effectively.
3. Support for Victims: Ensuring that victims of indecent viewing receive the support and resources they need, including counseling and legal assistance.

By taking proactive measures, commanders can help prevent incidents of indecent viewing and create an environment where all service members feel respected and protected.

Court Martial Lawyers for Article 120c UCMJ Indecent Viewing

Article 120c UCMJ Indecent Viewing addresses the critical issue of privacy violations within the military. This offense involves intentionally observing individuals in situations where they have a reasonable expectation of privacy and are undressed or engaged in private acts. The prosecution must prove the elements of intent, expectation of privacy, and the victim’s state to secure a conviction.

Potential defenses include lack of intent, no expectation of privacy, and consent. Penalties for a conviction can be severe, including confinement, dishonorable discharge, forfeiture of pay, and reduction in rank. These penalties underscore the military’s commitment to maintaining high standards of conduct and protecting the privacy and dignity of its members.

By understanding and enforcing Article 120c, the military can uphold its values of respect, integrity, and professionalism, ensuring a safe and respectful environment for all service members. Commanders and leaders play a vital role in this process by promoting education, vigilance, and support for victims, thereby contributing to the overall readiness and cohesion of the armed forces.

Sample Specification for Article 120c UCMJ Indecent Viewing:

In that Colonel Rick Blicky, US Marine Corps, did at or near Camp Lejeune, North Carolina, on or about May 3, 2022, without legal justification or lawful authorization, knowingly and wrongfully view the private area of Suzie Snelly, without her consent and under circumstances in which (he) (she) had a reasonable expectation of privacy.

Sample Specification for Article 120c UCMJ Indecent Recording:

In that PO1 Steve Smithy, US Navy, did at or near Navy Base San Diego, California, on or about September 9, 2023, without legal justification or lawful authorization, knowingly make a recording of the private area of Chrissy Cartwright, without her consent and under circumstances in which (he) (she) had a reasonable expectation of privacy.

Sample Specification for Article 120c UCMJ Broadcasting or Distributing of an Indecent Recording:

In that Lt Col Scotty Skippy, US Air Force, did at or near Scott Air Force Base, IL, on or about November 1, 2021, without legal justification or lawful authorization, knowingly (broadcast) (distribute) a recording of the private area of Carl Critterly, when the said accused knew or reasonably should have known that the said recording was made without the consent of Carl Critterly and under circumstances in which he had a reasonable expectation of privacy.

Official Elements of Article 120c UCMJ Indecent Viewing:

Each element must be proven beyond a reasonable doubt by the prosecution.

1. That (state the time and place alleged), the accused, without legal justification or lawful authorization, knowingly (and wrongfully) viewed the private area of (state the name of the alleged victim);

2. That the accused did so without the consent of (state the name of the alleged victim); and

3. That said viewing took place under circumstances in which (state the name of the alleged victim) had a reasonable expectation of privacy. Manual for Courts-Martial, United States (2024 ed.)

Official Elements of Article 120c UCMJ Indecent Recording:

Each element must be proven beyond a reasonable doubt by the prosecution.

1. That (state the time and place alleged), the accused, without legal justification or lawful authorization, knowingly (photographed) (videotaped) (filmed) (made a recording of) the private area of (state the name of the alleged victim);

2. That the accused did so without the consent of (state the name of the alleged victim); and

3. That said recording was made under circumstances in which (state the name of the alleged victim) had a reasonable expectation of privacy. Manual for Courts-Martial, United States (2024 ed.)

Official Elements of Article 120c UCMJ Broadcasting or Distributing of an Indecent Recording:

Each element must be proven beyond a reasonable doubt by the prosecution.

1. That (state the time and place alleged), the accused, without legal justification or lawful authorization, knowingly (broadcast) (distributed) a recording of the private area of (state the name of the alleged victim);

2. That the recording was made without the consent of (state the name of the alleged victim);

3. That the accused knew or reasonably should have known that the recording was made without the consent of (state the name of the alleged victim);

4. That the recording was made under circumstances in which (state the name of the alleged victim) had a reasonable expectation of privacy; and

5. That the accused knew or reasonably should have known that the recording was made under circumstances in which (state the name of the alleged victim) had a reasonable expectation of privacy. Manual for Courts-Martial, United States (2024 ed.)

Definitions and Other Instructions for Indecent Viewing, Visual Recording, Broadcasting or Distributing of an Indecent Recording, Article 120c UCMJ:

“Wrongful” under Article 120c UCMJ means without legal justification or lawful authorization.

An act is done “knowingly” under Article 120c UCMJ when done intentionally and intentionally. An act done as the result of a mistake or accident is not done “knowingly.”

“Private area” under Article 120c UCMJ means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.

“Under circumstances in which that other person has a reasonable expectation of privacy” or “reasonable expectation of privacy” under Article 120c UCMJ means:

(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy without being concerned that an image of a private area of the person was being captured; or

(B) circumstances in which a reasonable person would believe that a person’s private area would not be visible to the public.

“Broadcast” under Article 120c UCMJ means to electronically transmit a visual image with the intent that it be viewed by a person or persons.)

“Distribute” under Article 120c UCMJ means delivering to the actual or constructive possession of another, including transmission by electronic means.)

“Recording” under Article 120c UCMJ means a still or moving visual image captured or recorded by any means.) Manual for Courts-Martial, United States (2024 ed.)

Mistake of fact as to consent in Article 120c UCMJ cases

When the accused is charged with Article 120c UCMJ indecent viewing or recording, and the evidence has reasonably raised a mistake of fact as to consent, including the following instruction on an honest and reasonable mistake of fact as to consent. Only the honest mistake of fact instruction should be given if instructing on an attempted offense.

The evidence in this Article 120c UCMJ case has raised the issue of mistake on the part of the accused whether (state the name of the alleged victim) consented to the conduct concerning the offense(s) of indecent (viewing) (visual recording), as alleged in (the) Specification(s) (___) of (the) (Additional) Charge (___).

Mistake of fact as to consent is a defense to (that) (those) charged offense(s) of Article 120c UCMJ. “Mistake of fact as to consent” means the accused held, as a result of ignorance or mistake, an incorrect belief that the other person consented to the (viewing) (photographing) (videotaping) (filming) (visual recording). The ignorance or mistake must have existed in the mind of the accused and must have been reasonable under all the circumstances.

To be reasonable, ignorance or mistakes must be based on information or lack thereof, indicating to a reasonable person that the other person consented. (Additionally, the ignorance or mistake cannot be based on the negligent failure to discover the true facts.

“Negligence” under Article 120c UCMJ is the absence of due care.

“Due care” under Article 120c UCMJ is what a reasonably careful person would do under the same or similar circumstances.)

Burden of Proof and Article 120c UCMJ

In Article 120c UCMJ court-martial, the prosecution is burdened to prove beyond a reasonable doubt that the mistake of fact as to consent did not exist. If you are convinced beyond a reasonable doubt, at the time of the charged offense(s), the accused was not under a mistaken belief that the alleged victim consented to the (viewing) (photographing) (videotaping) (filming) (visual recording), the defense does not exist.

Even if you conclude the accused was under a mistaken belief that the alleged victim consented to the (viewing) (photographing) (videotaping) (filming) (visual recording), if you are convinced beyond a reasonable doubt that at the time of the charged offense(s), the accused’s mistake was unreasonable, the defense does not exist.

Voluntary intoxication and mistake of fact as to consent under Article 120c UCMJ 

Suppose there is evidence of the accused’s voluntary intoxication. In that case, the following instruction is appropriate: There has been some evidence concerning the accused’s intoxication at the time of the alleged offense. 

On whether the accused’s mistaken belief, if any, was reasonable, you may not consider the accused’s intoxication because a reasonable belief is one that an ordinary, prudent, sober adult would have under the circumstances of this case. Voluntary intoxication does not permit what would be an unreasonable belief in the mind of a sober person to be considered reasonable because the person is intoxicated.

Voluntary intoxication and “knew or reasonably should have known” under Article 120c UCMJ 

When the accused is charged with broadcasting or distributing an indecent visual recording and there is evidence that the accused was intoxicated, the following instruction may be appropriate regarding whether the accused “knew or reasonably should have known” the circumstances under which the recording was made.

The evidence has raised the issue of voluntary intoxication about the offense(s) of (state the alleged offense(s)). Concerning (that) (those) offense(s), I advised you earlier that the government is required to prove that the accused knew or reasonably should have known that the recording was made without the consent of (state the name of the alleged victim), and that the accused knew or reasonably should have known that the recording was made under circumstances in which (state the name of the alleged victim) had a reasonable expectation of privacy.

In deciding whether the accused had such knowledge, you should consider the evidence of voluntary intoxication.

Article 120c UCMJ law recognizes that a person’s ordinary thought process may be materially affected when (he) (she) is intoxicated. Thus, evidence that the accused was intoxicated may, either alone or together with other evidence in the case, cause you to have a reasonable doubt that the accused had the required knowledge.

On the other hand, the fact that the accused may have been intoxicated at the time of the offense(s) does not necessarily indicate that (he) (she) was unable to have the required knowledge because a person may be drunk yet still be aware at that time of (his) (her) actions and their probable results.

In deciding whether the accused had the required knowledge, you should consider the effect of intoxication, if any, and the other evidence in the case.

Final Instructions under Article 120c UCMJ

In an Article 120c UCMJ case, the prosecution has the burden of proof to establish the accused’s guilt. If you are convinced beyond a reasonable doubt that the accused had the required knowledge, the accused will not avoid criminal responsibility because of voluntary intoxication.

However, on the question of whether the accused “reasonably should have known” that the recording was made without the consent of (state the name of the alleged victim), and the question of whether the accused “reasonably should have known” that the recording was made under circumstances in which (state the name of the alleged victim) had a reasonable expectation of privacy, you may not consider the accused’s intoxication, if any, because what a person reasonably should have known refers to what an ordinary, prudent, sober adult would have reasonably known under the circumstances of this case.

Voluntary Intoxication and Artciel 120c UCMJ

In summary, voluntary intoxication should be considered in determining whether the accused had actual knowledge that the recording was made without the consent of (state the name of the alleged victim), and under circumstances in which (state the name of alleged victim) had a reasonable expectation of privacy.

Voluntary intoxication should not be considered in determining whether the accused “reasonably should have known” that the recording was made without the consent of (state the name of the alleged victim), and under circumstances in which (state the name of alleged victim) had a reasonable expectation of privacy.

Article 120c UCMJ Indecent Recording Military Lawyers

Our firm’s founding attorneys, Michael Waddington and Alexandra Gonzalez-Waddington, graduated from Temple University School of Law in Philadelphia, PA. In addition, Mr. Waddington is a member of the American Board of Criminal Lawyers. The ABCL is one of the most esteemed legal groups and comprises some of the USA’s most respected criminal defense attorneys.

Entry is by invitation only and is limited to extremely regarded defense attorneys with ten or more years of experience defending criminal cases. In addition, they must have defended 50 or more felony cases during this time and won 35 or more jury trials.

Furthermore, Michael Waddington was voted a “Super Lawyer” in Georgia and is rated Superb on AVVO.com. A few of Michael Waddington’s cases were made into documentary films, such as “Taxi to the Dark Side.” He also regularly instructs defense lawyers on criminal defense.
Our aggressive court-martial defense attorneys will use our knowledge to defend your court-martial or ADSEP case.

Call today to consult with aggressive military criminal defense attorneys.

Military personnel deserve the best court-martial defense lawyers available to defend them during court-martial or administrative separation (ADSEP) proceedings.

Article 120c UCMJ Military Sex Crimes, Penalties, & Legal Defenses

Our seasoned court-martial defense attorneys and their results set us apart from less aggressive attorneys.

If you or a loved one are facing a court-martial for a military sexual assault or if you are facing an administrative discharge, Article 15, show cause board, or letter of reprimand, then contact our defense attorneys right away.

Article 120c UCMJ Indecent Recording – Sexual Behavior in the Military

Military statutes include numerous sex-related crimes. Military laws try to capture every possible human activity related to sexual misbehavior and deviance. However, military sex crimes can be divided into rape, aggravated sexual assault, abusive sexual contact, child sex crimes, obscenity, and child pornography offenses.

Our seasoned criminal defense attorneys and their victories set us apart from less experienced attorneys.

If you or a family member are accused of a military Article 120c UCMJ crime or facing an administrative discharge, Article 15, show cause board, or letter of reprimand, contact our criminal defense lawyers immediately.

Our main concern is the suspected service member and his or her future. Our military criminal defense attorneys maintain lighter caseloads than the typical free military attorney so that we can concentrate on each case individually. Your case will not be outsourced to a random attorney, and we will not intimidate you into a guilty plea at the last minute. Our military lawyers have contested US Army court-martial and ADSEP cases in the United States and worldwide.

Article 120c UCMJ Reporting Data

“In APY 22-23, reports under Article 120c UCMJ, which covers indecent exposure, saw significant attention due to its inclusion in sexual misconduct cases involving cadets, midshipmen, and prep students.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 10

“Reports of indecent exposure, classified under Article 120c UCMJ, were part of a broader category of sexual misconduct that saw a decrease in APY 22-23.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8

“Among the 166 total sexual assault reports, a notable portion included violations of Article 120c UCMJ, highlighting ongoing concerns about indecent exposure within military academies.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 8

“Indecent exposure incidents under Article 120c UCMJ were frequently reported alongside other serious offenses such as sexual assault and abusive sexual contact.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

Demographics and Trends on Article 120c UCMJ

“Most victims in investigations of indecent exposure incidents, classified under Article 120c UCMJ, are female, which is consistent with other forms of sexual misconduct.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“The majority of subjects involved in indecent exposure cases under Article 120c UCMJ are aged 16-24, representing the primary demographic within military academies.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 18

“Indecent exposure cases under Article 120c UCMJ often involved cadets and midshipmen who were actively enrolled at the time of the incident and/or report.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 9

“The trend of indecent exposure incidents, classified under Article 120c UCMJ, reflects broader patterns of sexual misconduct within the military academies.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 10

Military Justice Outcomes of Article 120c UCMJ

“By the end of APY 22-23, several cases involving Article 120c UCMJ violations had progressed to military justice proceedings, underscoring the serious nature of these offenses.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 15

“Indecent exposure cases under Article 120c UCMJ 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

“In APY 22-23, multiple investigations of Article 120c UCMJ violations were completed, leading to significant disciplinary actions.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 14

“Military justice outcomes for Article 120c UCMJ violations included 9 subjects with court-martial charges preferred, highlighting the commitment to addressing these serious offenses.”
Statistical Data on Sexual Assault and Sexual Harassment APY22-23, p. 16

The Impact of Revenge Porn and the Fight Against It by the DOJ

Revenge porn, the non-consensual distribution of sexually explicit images, is a severe violation of privacy and dignity. It often targets women and leads to significant psychological and social consequences. The U.S. Department of Justice (DOJ) has been instrumental in combating this form of online abuse through legislation, public awareness, and legal actions. This article explores the impacts of revenge porn, the DOJ’s efforts in fighting it, and the ongoing challenges in this battle.

The Impact of Revenge Porn

Revenge porn inflicts profound psychological and emotional harm on its victims. Survivors often experience severe mental health issues, including anxiety, depression, PTSD, and even suicidal thoughts.

“Participants’ experiences of trust issues, posttraumatic stress disorder (PTSD), anxiety, depression, suicidal thoughts, and several other mental health effects reveal the seriousness of revenge porn and the devastating impacts it has on survivors’ mental health.”

Bates, 2017

The stigma associated with being a victim of revenge porn exacerbates the trauma. Victims often face social ostracism, impacting their personal and professional lives. The societal perception frequently blames the victims rather than the perpetrators, further deepening the victims’ suffering.

DOJ’s Efforts Against Revenge Porn

The DOJ has implemented several strategies to combat revenge porn, focusing on legislative measures, public awareness campaigns, and cooperation with technology companies.

Legislative Framework

The legislative approach includes enacting laws that criminalize the distribution of non-consensual pornography. Many states have adopted specific laws to address this issue.

“Clear and effective laws against ‘revenge porn’ are necessary to protect the values of privacy, autonomy, and equality. The wave of legislative reform since 2013 is a welcome development.”

Franks, 2019

However, the effectiveness of these laws varies, with some states requiring proof of intent to cause harm, which can be challenging to establish. The DOJ has advocated for more comprehensive federal legislation to standardize the legal approach across states.

Public Awareness and Education

Public awareness campaigns are crucial in changing societal attitudes and reducing victim blaming. These campaigns aim to educate the public about the serious impacts of revenge porn and the importance of consent in sharing intimate images.

“Despite numerous public awareness campaigns, child sexual abuse remains a significant global issue affecting millions of children. This suggests that such campaigns have had minimal impact, and the paucity of good quality empirical evaluation makes it difficult to establish what has worked and what has not.”

Kemshall & Moulden, 2017

Technological Measures

The DOJ works with technology companies to implement measures that prevent the distribution of revenge porn. Platforms like Google, Facebook, and Twitter have banned non-consensual pornography and developed tools to help victims remove such content.

Legal Actions and Support

The DOJ supports victims through legal assistance and advocacy. It encourages using criminal and civil remedies to hold perpetrators accountable and provide justice to the victims.

Challenges and Future Directions

Despite progress, significant challenges remain. The constitutional implications of revenge porn laws, particularly concerning the First Amendment, pose legal hurdles. Crafting legislation that effectively addresses the harm without infringing on free speech rights is complex.

“Most of the recently enacted revenge-porn laws are unconstitutional as content-based regulations of speech unless they can either pass strict scrutiny or fit within one of the recognized categorical exceptions to First Amendment protection.”

Humbach, 2015

Additionally, the enforcement of these laws is inconsistent, and many victims do not receive the protection and justice they deserve. There is a need for comprehensive training for law enforcement to handle these cases effectively and sensitively.

“The police in the United Kingdom have a limited understanding of revenge pornography legislation and lack confidence both in investigating cases and in effectively responding to victims.”

Bond & Tyrrell, 2018

Conclusion

The fight against revenge porn is multifaceted, involving legislative reforms, public awareness, technological measures, and legal support for victims. The DOJ’s efforts have made significant strides, but continuous improvement and adaptation are necessary. Ensuring the protection and dignity of individuals online remains a critical priority, demanding concerted efforts from all sectors of society.

UCMJ Military sex-related offenses crimes:

• Rape
• Aggravated Sexual Contact
• Sexual Assault
• Abusive Sexual Contact
• Forcible Pandering
• Indecent Act
• Deposit of Obscene Matters – Article 120a, UCMJ
• Rape of a Child under Article 120b
• Sexual Abuse of a Child under Article 120b UCMJ
• Sexual Assault of a Child
• Indecent Viewing, Indecent Recording, or Broadcasting/Distribution of an
• Indecent Recording
• Indecent Exposure
• Child Pornography Offenses
  
  • Possessing, receiving or viewing child pornography
  • Possessing child pornography with intent to distribute
  • Distribution of child pornography
  • Production of child pornography