Deposit of Obscene Matters Art 120a Defense Attorneys
Mail – Deposit of Obscene Matters – Article 120a, UCMJ
(For offenses committed after 1 January 2019)
Our Seasoned Sex Crime Lawyers
Our team of experienced sex crime attorneys has the training and firepower to zealously represent your rights against military prosecutors. They are some of the top attorneys in the field of sexual assault defense. Our experienced civilian attorneys have decades of sex crime defense experience. If you or a loved one has been accused of a sexual offense such as Deposit of Obscene Matters, then act now! Our hard-hitting court-martial defense attorneys will have your back.
A sexual crime is an offense that occurs when a military member sexually violates or instigates a non-consensual sexual encounter through psychological and physical force.
We have successfully defended and acquitted service members across the globe. Check out our military law case results to learn more. The experienced court-martial defense attorneys at Gonzalez & Waddington have earned a reputation for defending service members at US military installations across the globe, such as Italy. If you are under investigation for a military offense, having the most hard-hitting defense lawyer can be the difference between having your rights trampled versus winning your trial or redeeming your career. Our military defense attorneys represent people in criminal and administrative matters, including representing Marines accused of sexual assault, adultery, BAH fraud, and other offenses under the UCMJ.
The Maximum Punishment for Mail – Deposit of Obscene Matters, Article 120a, UCMJ is:
- Dishonorable Discharge
- Total Forfeiture of all pay and allowances
- Confinement for 3 years
- Reduction to the grade of E-1
Sample Specification for Mail – Deposit of Obscene Matters
In that SGT Rick Scotty, US Army, at or near Fort Bragg, NC, did on or about 1 January 2022, wrongfully and knowingly deposit in the (United States mails, for mailing and delivery a picture portraying certain obscene matters, to wit: images of his ex-wife, Lucy Scott, engaged in sexual activity.
Elements of Mail – Deposit of Obscene Matters
Each element must be proven beyond a reasonable doubt by the prosecution.
(1) That (state the time and place alleged), the accused (deposited) (caused to be deposited) in the (United States) (__________) mails, for mailing and delivery, a (letter) (picture) (__________) (containing) (portraying) (suggesting) (__________) certain matter, to wit: (state the matter alleged);
(2) That the act was done wrongfully and knowingly; and
(3) That the matter deposited was obscene.
Military sex crimes include:
- 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
Definitions and Other Instructions:
“Obscene” means that 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 with respect to sexual relations. The matter must violate community standards of decency or obscenity and must go beyond customary limits of expression. The community standards of decency or obscenity are to be judged according to a reasonable person in the military community as a whole, rather than the most prudish or the most tolerant members of the military community.
“Knowingly” means the accused deposited the material with knowledge of its nature.
Knowingly depositing obscene matter in the mails is “wrongful” if it is done without legal justification or authorization.
See also Miller v. US, 413 U.S. 15 (1973), obscenity defined; US v. Negron, 60 MJ 136 (CAAF 2004).
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Military Sex Crimes, Penalties, & Legal Defenses
Our hard-hitting civilian attorneys and their results speak for themselves from less aggressive lawyers.
If you or a loved one are facing a court-martial for a military sex offense or if you are facing an administrative separation, NJP, show cause board, letter of reprimand, then call our criminal defense attorneys immediately.
Deposit of Obscene Matters – 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 court-martial defense lawyers and their outcomes set us apart from less seasoned attorneys.
If you or a loved one are facing a court-martial for a military sexual crime or if you are facing an administrative separation, NJP, show cause board, letter of reprimand, then call our military criminal defense attorneys immediately.
The accused Soldier and his or her well-being is our primary concern. Our defense attorneys maintain lighter caseloads than the average appointed defense lawyer so that we can focus on each case separately. Your case will not be outsourced to a random attorney, and we will not coerce you into a guilty plea at the eleventh hour. Our military attorneys have contested Army court-martial and administrative separation cases in the United States and globally.