Indecent Exposure Court-martial Lawyers | Sex Crimes Attorneys

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

Indecent Acts & Indecent Exposure – MCM 45b(11)

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An Indecent Act is a “form of immorality relating to sexual purity which is grossly vulgar, obscene, and repugnant to common propriety and tends to excite sexual desire or deprave morals concerning sexual relations. MCM 45a(t)(11).

It is further defined as observing or making any visual material (such as a videotape) without the victim’s consent and contrary to their reasonable expectations of privacy where the depiction is of the victim’s intimate body parts of the victim. In contrast, the victim is engaged in a sexual act, sodomy, or sexual contact. Manual for Courts-Martial, United States (2024 ed.)

Indecent Exposure MCM 45b(14)

Indecent exposure consists of the accused

exposing his or her genitalia, anus, buttocks or female breast
and the exposure was in an indecent manner
and it occurred where people other than family were likely to see it
and the exposure was intentional

This is thus a specific intent crime. “Indecent manner” is not separately defined; the closest parallel is the definition of “indecent act.”

Article 120c UCMJ Indecent Exposure

Under the Uniform Code of Military Justice (UCMJ), Article 120c addresses indecent exposure. This article is designed to maintain the moral and ethical standards of the military by prohibiting certain inappropriate behaviors. Indecent exposure under Article 120c can be a serious offense with significant consequences for service members.

Definition of Article 120c UCMJ Indecent Exposure

Indecent exposure under Article 120c involves intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to another person in a manner that is likely to be observed by someone who would be offended. The key elements of this offense include:

The exposure was intentional.
The exposure was in an area where it could reasonably be expected to be seen by others who might be offended.
The exposure was likely to cause affront or alarm.

Elements of Article 120c UCMJ Indecent Exposure

For a service member to be found guilty of indecent exposure under Article 120c, the prosecution must prove the following elements beyond a reasonable doubt:

The accused exposed their genitalia, anus, buttocks, or female areola or nipple.
The exposure was intentional.
The exposure occurred in a public place or a place where it could reasonably be expected to be viewed by someone who would be offended.
The exposure was likely to cause affront or alarm.

Potential Defenses for Article 120c UCMJ Indecent Exposure

There are several potential defenses against a charge of indecent exposure under Article 120c. These include:

Lack of Intent: If the exposure was accidental or unintentional, this could serve as a defense.
Private Setting: If the exposure occurred in a private setting where it was not likely to be observed by someone who would be offended, it might not meet the criteria for indecent exposure.
Mistake of Fact: This could be a valid defense if the accused genuinely believed they were in a private setting or that their actions would not offend anyone.

Punishments and Consequences for Article 120c UCMJ Indecent Exposure

Article 120c UCMJ: Indecent Exposure – 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.)

The consequences of being convicted of indecent exposure under Article 120c can be severe and may include:

Confinement: The convicted service member may face confinement for a specified period.
Dishonorable Discharge: A dishonorable discharge can be imposed, which carries a significant stigma and loss of military benefits.
Reduction in Rank: The service member’s rank may be reduced as part of the punishment.
Fines: Financial penalties may be assessed.

Additionally, a conviction can have long-term effects on a service member’s career and personal life, including difficulties in finding civilian employment and social stigmatization.

Hiring an Article 120c UCMJ Military Defense Lawyer

Article 120c of the UCMJ is a critical regulation that helps uphold the moral and ethical standards of the military. Indecent exposure is a serious offense that can result in significant penalties, including confinement, discharge, and reduction in rank. Understanding the elements of the offense, potential defenses, and the possible consequences is essential for service members to maintain the standards expected of them and avoid engaging in behaviors that could lead to such charges.

For those facing charges under Article 120c, it is crucial to seek legal representation to navigate the complexities of the military justice system and ensure that their rights are protected throughout the process.

Article 120b UCMJ: Sexual Abuse of a Child Involving Indecent Exposure

Article 120b of the Uniform Code of Military Justice (UCMJ) addresses the sexual abuse of children, a grave offense that the military justice system treats with utmost seriousness. One specific aspect of this article deals with indecent exposure involving a child. This provision is designed to protect minors from sexual exploitation and ensure that perpetrators face stringent penalties. Manual for Courts-Martial, United States (2024 ed.)

Definition and Elements of Article 120b UCMJ: Sexual Abuse of a Child Involving Indecent Exposure

Under Article 120b, indecent exposure involving a child is defined as an act where an individual intentionally exposes their genitalia, buttocks, or female breast to a child with the intent to arouse, gratify, or abuse any person sexually. The key elements that constitute this offense include:

The accused exposed their genitalia, buttocks, or female breast.
The exposure was intentional and aimed at a child.
The act was done with the intent to arouse, gratify, or abuse sexually.
The child was under the age of 16 years.

Intent and Awareness

For a conviction under Article 120b, the prosecution must prove that the accused acted with specific intent. It is not sufficient to show that the exposure occurred; it must be demonstrated that the accused intended to sexually arouse, gratify, or abuse. Additionally, the accused must be aware that the individual exposed to the indecent act was a child under the age of 16. This requirement of intent and awareness ensures that accidental or non-sexual exposures are not prosecuted under this article.

Legal Proceedings and Evidence

In legal proceedings involving Article 120b, various forms of evidence can be presented to establish the elements of the crime. This evidence may include:

Testimonies from the victim and witnesses.
Photographs or videos of the incident.
Medical and psychological evaluations of the victim.
Statements made by the accused, including confessions or admissions.

The military justice system protects the rights of the accused while also providing a platform for victims to present their cases comprehensively. The prosecution bears the burden of proof, which means it must establish guilt beyond a reasonable doubt.

Defenses for Article 120b UCMJ: Sexual Abuse of a Child Involving Indecent Exposure

There are several defenses that an accused can raise in response to charges under Article 120b. These may include:

Consent: Although challenging to argue in cases involving minors, the accused may claim that there was consent from the alleged victim.
Mistake of Age: If the accused genuinely believed that the victim was above the age of 16, this could be a potential defense.
Lack of Intent: The defense may argue that the exposure was not done with the intent to arouse, gratify, or abuse sexually.
False Accusation: The accused may claim that the charges are fabricated or motivated by malice or ulterior motives.

Penalties and Consequences of Article 120b UCMJ: Sexual Abuse of a Child Involving Indecent Exposure

Article 120b UCMJ: Sexual Abuse of a Child Involving Indecent Exposure

- Committed from 1 Jan 2019 to 27 Dec 2023: DD, TF, 15 years, E-1
- Committed after 27 Dec 2023: Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years), a DD, TF, and E-1 Manual for Courts-Martial, United States (2024 ed.)

Convictions under Article 120b carry severe penalties due to the serious nature of the offense. Potential consequences include:

Dishonorable discharge from the military.
Confinement for a specified number of years.
Reduction in rank and forfeiture of pay and allowances.
Registration as a sex offender, which has long-term implications for the individual’s personal and professional life.

The military justice system aims to balance the need for stringent punishment with the rights of the accused, ensuring a fair trial and due process.

Impact on Victims

The impact of indecent exposure and sexual abuse on child victims is profound and long-lasting. Victims may experience psychological trauma, trust issues, and difficulties in forming relationships. The military provides support services, including counseling and medical care, to help victims cope with the aftermath of abuse. Recognizing the severe impact on victims underscores the importance of stringent enforcement and penalties under Article 120b.

Hiring an Article 120b UCMJ Military Defense Lawyer

Article 120b of the UCMJ addresses the critical issue of sexual abuse of children, with a specific focus on indecent exposure. The provisions under this article are designed to protect minors and ensure that perpetrators are held accountable for their actions. By understanding the elements, legal proceedings, defenses, and penalties associated with this offense, we can better appreciate the measures in place to safeguard children within the military community.

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Indecent Acts & Indecent Exposure, Penalties, & Legal Defenses

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If you or a loved one are facing a court martial for a military Article 120 UCMJ offense or an administrative separation, Article 15, show cause board, or letter of reprimand, then reach out to our court martial defense lawyers immediately.

Indecent Acts & Indecent Exposure – Sexual Behavior in the Military

Military laws 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 subcategories such as rape, sexual assault, abusive sexual contact, child sex crimes, indecent exposure, and child pornography offenses.

Our hard-hitting military criminal defense lawyers and their outcomes set us apart from less seasoned attorneys.

Call our defense attorneys today if you or a family member are facing a court martial for a military Article 120 crime or an administrative separation, non-judicial punishment, show cause board or letter of reprimand.

Our main concerns are the accused soldier and his or her well-being. Our defense lawyers maintain lighter caseloads than the typical free military lawyer so that we can focus on each case individually. Your case will not be outsourced to a random attorney, and we will not force you into a guilty plea at the eleventh hour. Our court-martial defense lawyers have successfully contested Army court-martial and administrative separation (ADSEP) cases in the US and worldwide.

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Fictional Fact Patterns That Oculd Constitute Article 120c UCMJ Indecent Exposure

1. Streaking Through the Park

A service member, while off-duty, streaks through a public park late at night on a dare from fellow soldiers. The member is seen by several civilians walking their dogs, who report the incident to military police. The service member is subsequently charged with indecent exposure.

Defense to Article 120c UCMJ Indecent Exposure: The defense could argue lack of intent, asserting that the service member did not intend to offend anyone but was participating in a reckless but harmless prank. Additionally, the defense could highlight that the incident occurred at night, reducing the likelihood of being seen, and thus there was no reasonable expectation of offending.

2. Public Urination Incident

A service member, heavily intoxicated after a night out, urinates behind a dumpster in a public area. In the process, they unintentionally expose their genitalia to passersby, including a group of teenagers. The exposure is reported to the authorities, and the service member faces charges.

Defense to Article 120c UCMJ Indecent Exposure: The defense could claim that the exposure was unintentional due to the service member’s impaired state and that there was no intent to cause affront or alarm. They could also argue that the service member sought a secluded spot to urinate, indicating no desire to be seen.

3. Changing Clothes in the Barracks

A service member changes clothes in their barracks room with the door open, unaware that a new roommate has moved in and is walking down the hallway. The roommate sees the service member in a state of undress and reports it to the chain of command, resulting in charges.

Defense to Article 120c UCMJ Indecent Exposure: The defense could argue that the service member believed they were in a private setting and had no intent to be seen by others. Furthermore, the defense could point out the unexpected presence of the new roommate, suggesting that the exposure was accidental.

4. Nude Sunbathing in the Backyard

A service member decides to sunbathe nude in their backyard, believing it to be private. However, the yard is visible from a nearby public sidewalk and a neighbor walking by reports the incident to authorities. The service member is charged with indecent exposure as a result.

Defense to Article 120c UCMJ Indecent Exposure: The defense could assert that the service member did not intend for their actions to be offensive and was unaware that the backyard was visible from the sidewalk. The service member could argue a reasonable expectation of privacy within their property.

5. Relieving in the Field During Exercises

During a military field exercise, a service member is caught with their pants down while relieving themselves in a remote area. Another service member unexpectedly comes upon them and reports the exposure to the chain of command, leading to charges.

Defense to Article 120c UCMJ Indecent Exposure: The defense could argue that the exposure was a necessity due to the lack of proper facilities and was not meant to cause offense. Additionally, they could emphasize the remote location and the unlikelihood of being seen by others.

6. Dance at a Private Party

A service member performs a risqué dance at a private party and exposes their genitalia as part of a humorous act. The partygoers are all fellow service members, but someone takes a video that gets shared outside the group. The video eventually reaches the command, and the service member is charged with indecent exposure.

Defense to Article 120c UCMJ Indecent Exposure: The defense could argue that the exposure occurred in a private setting where those present were not likely to be offended. They could also challenge the unintended distribution of the video, which was not under the control of the service member.

7. Mistaken Shower Stall Entry

A service member mistakenly enters the wrong shower stall in the gym and is seen by another person while undressing. The person who saw them reports feeling uncomfortable and files a complaint, resulting in indecent exposure charges against the service member.

Defense to Article 120c UCMJ Indecent Exposure: The defense could claim a mistake of fact, arguing that the service member believed they were in a private space and did not intend to expose themselves. They could also point out the confusion of the shared facilities.

8. Prank During Group Photo

A service member exposes their buttocks as a prank in a group photo taken during a unit event in a restricted area. The photo is later shared among unit members and reaches higher command, who find the behavior unacceptable and press charges for indecent exposure.

Defense to Article 120c UCMJ Indecent Exposure: The defense could argue that the exposure was meant as a joke within a closed group and that there was no intent to offend anyone outside that group. Additionally, they could argue that the prank was in poor taste but not criminal.

9. Unintentional Exposure at Home

A service member is seen naked through the window of their on-base housing while walking from the bathroom to their bedroom. A neighbor walking by at night glimpses the scene and reports it to the authorities, leading to indecent exposure charges.

Defense to Article 120c UCMJ Indecent Exposure: The defense could assert that the service member believed they were in the privacy of their own home and did not expect to be seen by anyone. They could also argue that the brief exposure was unintentional and not likely to cause offense.

10. Hazing Ritual in the Barracks

A service member is coerced into exposing their genitalia during a hazing ritual conducted in the barracks by senior members. The incident is recorded and later reported by a concerned service member. The individual who was coerced is then charged with indecent exposure.

Defense to Article 120c UCMJ Indecent Exposure: The defense could argue coercion, suggesting that the service member was pressured into participating and did not voluntarily intend to expose themselves. They could also highlight the toxic environment that led to the hazing incident and the need for systemic change within the unit.