Military Wrongful Broadcast of Intimate Images Cases, Depositing Obscene Material in the Mail Cases, Sexual Harassment Cases, Indecent Conduct Cases, Indecent Language Cases – Military Defense Lawyer
When military members are accused of various nonconsensual military sexual misconduct offenses, they can face a variety of serious military adverse actions and disciplinary actions, to include court-martial trial. Military nonconsensual sexual misconduct offenses are charged under several different provisions of the UCMJ. If you are a military member facing these allegations, you need a strong military defense lawyer as your advocate. Attorney Richard V. Stevens is a civilian court-martial defense lawyer and military defense lawyer. He has been handling military cases since 1995, and he has been handling these types of military cases for over 30 years. Attorney Stevens, and the military defense law firm he founded, are here to provide you with the zealous defense you are seeking to protect you from the potential consequences of these military misconduct claims.
MILITARY SEXUAL HARASSMENT ALLEGATIONS (UCMJ Article 134)
Uniform Code of Military Justice (UCMJ) Article 134 addresses Sexual Harassment claims in the military justice system. This offense covers the following alleged behavior:
(1) That the accused military member knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
(2) That such conduct was unwelcome;
(3) That, under the circumstances, such conduct:
(a) Would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits, or entitlements;
(b) Would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or
(c) Was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and
(4) That, under the circumstances, the conduct of the accused military member was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
In these cases, whether the conduct was of a sexual nature is dependent upon the alleged circumstances, and the context of the situation is important to consider. In addition, the location of the alleged misconduct does not matter. It could allegedly occur in an on duty or off duty location. It could occur in person or be committed through online or electronic means.
MILITARY INDECENT CONDUCT ALLEGATIONS (UCMJ Article 134)
Uniform Code of Military Justice (UCMJ) Article 134 also addresses Indecent Conduct claims in the military justice system. This offense covers the following alleged behavior:
(1) That the accused military member engaged in certain conduct;
(2) That the conduct was indecent; and
(3) That, under the circumstances, the conduct of the accused military member was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
This allegation requires that the alleged conduct be a 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.
MILITARY INDECENT LANGUAGE ALLEGATIONS (UCMJ Article 134)
Uniform Code of Military Justice (UCMJ) Article 134 also addresses Indecent Language claims in the military justice system. This offense covers the following alleged behavior:
(1) That the accused military member orally or in writing communicated to another person certain language;
(2) That such language was indecent; and
(3) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
In addition, these cases could also add the element that the person to whom the language was communicated was a child under the age of 16. In these cases, the government must prove the language was grossly offensive to modesty, decency, or propriety, or shocks the moral sense, because of its vulgar, filthy, or disgusting nature, or its tendency to incite lustful thought. Language is indecent if it tends reasonably to corrupt morals or incite libidinous thoughts. The language must violate community standards.
MILITARY WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE VISUAL IMAGES ALLEGATIONS (UCMJ Article 117a)
Uniform Code of Military Justice (UCMJ) Article 117a addresses Wrongful Broadcast or Distribution of Intimate Visual Images claims in the military justice system. This offense covers the following alleged behavior:
A military member who —
(1) knowingly and wrongfully broadcasts or distributes an intimate visual image of another person or a visual image of sexually explicit conduct involving a person who —
(A) is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;
(B) is identifiable from the intimate visual image or visual image of sexually explicit conduct itself, or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and
(C) does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;
(2) who knows or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;
(3) who knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely —
(A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or
(B) to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships; and
(4) whose conduct, under the circumstances, had a reasonably direct and palpable connection to a military mission or military environment.
In these military cases, one of the issues that is important is whether there was a reasonable expectation of privacy, meaning circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public.
MILITARY DEPOSIT OF OBSCENE MATTER IN THE MAIL ALLEGATIONS (UCMJ Article 120a)
Uniform Code of Military Justice (UCMJ) Article 120a addresses Deposit of Obscene Matter in the Mail claims in the military justice system. This offense covers the following alleged behavior:
(1) That the accused military member deposited or caused to be deposited in the mails certain matter for mailing and delivery;
(2) That the act was done wrongfully and knowingly;
and
(3) That the matter was obscene.
Whether the matter is considered to be obscene is judged through the standard of indecency.
MILITARY OTHER SEXUAL MISCONDUCT ALLEGATIONS (UCMJ Article 120c)
Uniform Code of Military Justice (UCMJ) Article 120c addresses Other Sexual Misconduct Misconduct claims in the military justice system. This offense covers the following alleged behavior:
(a) Indecent Viewing, Indecent Visual Recording, or Indecent Broadcasting (All Without the Other Person’s Consent);
(b) Forcible Pandering (of Prostitution);
(c) Indecent Exposure.
Depending on the unique circumstances of the allegation, these Military Nonconsensual Sexual Misconduct offenses can range in the level of seriousness, including very serious allegations in general court-martial trials. Handling these cases requires the expertise of a skilled military defense lawyer. The accused military member in these cases could face significant jeopardy – a military disciplinary action that damages their career progression, a possible involuntary administrative discharge, or a possible court-martial trial. In the event of a military court-martial trial, the accused military member faces a possible federal criminal sex crime conviction, potentially lengthy jail/prison sentence, bad conduct discharge, dishonorable discharge or dismissal (depending on rank), possible sex offender registration, reduction in rank, forfeitures of pay and allowances, and a variety of other legal, professional, personal, and family consequences.
Civilian court-martial defense lawyer Richard V. Stevens is a civilian criminal defense attorney and former active duty military JAG lawyer who exclusively practices military law and defends military members stationed around the world who are facing military trials, discipline and investigations. If you’re facing military allegations regarding these serious offenses, don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.
No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.
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