Article 120c of the Uniform Code of Military Justice (UCMJ) addresses various forms of sexual misconduct that are not as severe as rape, sexual assault, or sexual assault of a child. Understanding the distinctions between each crime outlined in Article 120c is crucial if you’ve been charged, as it helps in comprehending the implications of a conviction. This is also the time to start working on a defense strategy with the help of a knowledgeable court-martial attorney.
Indecent Viewing
Indecent viewing occurs when an individual knowingly and wrongfully views the private area of another person without their consent and under circumstances where the viewed person has a reasonable expectation of privacy. For an accusation to become a conviction, the prosecution must prove that the accused knowingly and wrongfully viewed someone’s private body parts, that the viewing occurred without the other person’s consent, and that it happened under conditions where the individual expected privacy. The maximum punishments for an indecent viewing conviction include possible dismissal or dishonorable discharge, forfeiture of all pay and allowances, and confinement for one year.
Indecent Visual Recording
Indecent visual recording involves recording a person’s private areas without their consent, where the person recorded has a reasonable expectation of privacy. To secure a conviction, the prosecution must demonstrate that the accused knowingly recorded another person’s private parts without consent and that the recording occurred under circumstances where privacy was implied. The penalties for this crime can include possible dismissal or dishonorable discharge, forfeiture of all pay and allowances, and up to five years of confinement.
Broadcasting an Indecent Recording
Broadcasting an indecent recording involves showing others a visual recording of someone’s private areas without consent. Prosecutors aim to prove that the recording lacked consent from the individual featured therein, that the broadcaster knew the recording was indecent and made without consent, and that the broadcast occurred under circumstances that should have been private. The consequences for this offense can include possible dismissal or dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to seven years.
Distributing an Indecent Recording
Distributing an indecent recording entails disseminating a recording of private body parts without consent, where the victim expected privacy and the accused knew it. The prosecution must prove that the accused intentionally distributed the recording without consent and that the recorded individual had reasonable expectations of privacy. If convicted, service members may face possible dismissal or dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to seven years.
Forcible Pandering
Forcible pandering involves compelling another person to engage in prostitution or any sexual act in exchange for money or other items of value. A conviction relies on proving that the accused compelled another person to engage in sexual acts and that the act of prostitution was enforced against the individual’s will. The penalties for forcible pandering include possible dismissal or dishonorable discharge, forfeiture of all pay and allowances, and up to 12 years of confinement.
Indecent Exposure
Indecent exposure is intentionally exposing one’s private areas—including genitalia, anus, buttocks, or female areola or nipple—in public spaces or settings that could offend others. Prosecutors must demonstrate that the accused intentionally exposed their genitals or other private parts in a manner that could be deemed indecent by reasonable standards. The maximum punishments for indecent exposure in the military include possible dismissal or dishonorable discharge, forfeiture of all pay and allowances, and confinement for one year.
Defending Yourself Against Charges Under Article 120c
Facing charges under Article 120c is stressful, but a competent attorney can help you pursue the best defense based on the circumstances of your case. Possible defenses include demonstrating consent, proving lack of knowledge, showing no reasonable expectation of privacy, providing an alibi or lack of presence, claiming legal justification or authorization, and challenging the chain of custody or evidence handling.
Consent: Demonstrating that the other party consented may nullify the charges, especially in cases of indecent viewing or recording. Consent is a powerful defense because it directly counters the claim that the viewing, recording, or exposure was done without the other party’s agreement.
Lack of Knowledge: For charges like broadcasting or distributing indecent recordings, proving that the accused thought the content was obtained with consent can be a valid defense. This defense hinges on the idea that the accused did not know the recording was made or distributed without consent, thus lacking the wrongful intent required for a conviction.
No Reasonable Expectation of Privacy: This defense applies particularly well to indecent viewing or visual recording charges. If the accused can show that the alleged victim was in a public or semi-public place, this might negate an important element of the crime. Public places, where privacy is not reasonably expected, cannot support a conviction for indecent viewing or recording.
Alibi or Lack of Presence: Demonstrating that the accused was not present at the time and place the alleged misconduct occurred can be a powerful defense, especially in cases of indecent exposure or forcible pandering. An alibi proves that the accused could not have committed the crime because they were somewhere else, thereby nullifying the accusation.
Legal Justification or Authorization: In rare cases, actions falling under Article 120c might be legally justified. For example, if a military operation or investigation warranted such actions and they were officially sanctioned, this could serve as a defense. Legal justification implies that the actions, though seemingly wrongful, were performed under lawful orders or conditions that permit such conduct.
Improper Chain of Custody or Evidence Handling: For charges involving indecent recordings, showing that the evidence was maintained illegally or the integrity of the evidence was compromised might lead to dismissed charges. Evidence must be handled with strict adherence to legal protocols, and any deviation can render the evidence inadmissible.
The Importance of Reliable Legal Advice
Complex military court procedures and potentially severe implications of a conviction under Article 120c require expert legal guidance. An experienced military defense attorney can help you navigate the charges against you, advocate on your behalf, and craft an effective defense strategy to promote the best possible outcome in your case. The legal system within the military is intricate, and having a knowledgeable attorney can make a significant difference in the outcome of your case.
At Bilecki Law Group, we are committed to defending service members stationed across the globe. With over two decades of experience, we leverage our unique background to provide aggressive defense strategies and personalized attention to your case. Our firm understands the challenges faced by service members and is dedicated to ensuring that your rights are protected throughout the legal process. If you’re facing charges under Article 120c, contact us today to speak directly with a court-martial attorney about your case. We offer a thorough understanding of military law and are prepared to fight for your best interests.
By understanding the nuances of Article 120c and working with an experienced attorney, you can build a strong defense and seek a favorable outcome. Whether you are dealing with accusations of indecent viewing, recording, broadcasting, distributing, forcible pandering, or indecent exposure, having the right legal support is crucial. Don’t face these charges alone—reach out to Bilecki Law Group for expert guidance and representation at (813) 669-3500.
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