Article 120c | Sexual Misconduct

Accused of an Article 120c Charge for Indecent Viewing, Visual Recording, or Broadcasting an Intimate Image or Video?  You’re probably worried about your future and what can go wrong.  Don’t go it alone.  Military Law Center can help.

The Manual for Courts-Martial, under Article 120c (10 U.S.C. 920c), prohibits any service member from engaging in unlawful sexual intercourse or sexual touching.  The government has three main ways to prove a service member violated Article 120c.

Other sexual offenses under Article 120c can be proven by the government at court-martial or administrative hearing by showing the service member (1) viewed, recorded, or broadcasted an intimate image, (2) forcibly pandered another, or (3) engaged in indecent exposure.

Indecent Viewing, Visual Recording, or Broadcasting:

Any person subject to the UCMJ who without legal justification or lawful authorization—

1. Knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy;
2. Knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonably expectation of privacy; or
3. Knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed above is guilty of an offense under Article 120c and shall be punished as a court-martial may direct.

Forcible Pandering:

Any person subject to the UCMJ who compels another person to engage in an act or prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.

Indecent Exposure:

Any person subject to the UCMJ who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall be punished as a court-martial may direct.

The terms found within the elements above in Article 120c have specific definitions.  The following definitions apply:

Act of Prostitution: The term “act of prostitution” means a sexual act or sexual contact on account of which anything of value is given to, or received by, any person.

Private Area: The term “private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.

Reasonable Expectation of Privacy: The term “under circumstances in which that other person has a reasonable expectation of privacy” means—

• 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 
• Circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.

Broadcast:  To electronically transmit a visual image with the intent that it be viewed by a person or persons..

Distribute:  To deliver to the actual or constructive possession of another, including transmission by electronic means.

Indecent Manner:  The term “indecent manner” means conduct that amounts to 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.

Pursuant to Rule for Court-Martial 305, a Commanding Officer may order a service member into pretrial confinement for allegedly committing other sexual misconduct under Article 120c.  The Commanding Officer may place the service member in the brig, not as punishment, but to protect society from the foreseeable risk of the accused committing another serious offense.

Attorneys at the Military Law Center help those confined in the brig to seek their release at the Initial Review Officer (IRO) hearing.  At an IRO hearing, a neutral and detached officer shall review the probable cause determination and necessity for continued pretrial confinement.  The IRO will consider whether:

• An Article 120c offense triable by court-martial has been committed;
• The confinee committed it;
• Confinement is necessary because it is foreseeable that:
  • The confinee will not appear at trial, pretrial hearing, or preliminary hearing; or
  • The confinee will engage in serious criminal misconduct; and
• Less severe forms of restraint are inadequate.

As an accused, you have the right to require your command present a preponderance of evidence (more than 50%) at the IRO hearing to prove why you should remain in pretrial confinement.  Working with experienced military defense attorneys for IRO hearings is the first step to showing your command you will fight for your freedom!

Are you facing an Article 120c accusation? The Military Law Center can help. Our experienced team of attorneys understands the unique challenges faced by those serving in the military. We are dedicated to protecting your rights and fighting for the best possible outcome in your case. Contact us today for a free consultation and discuss your case with an experienced military defense attorney.

An Article 120c charge is serious, can stop a military career, and even demand brig time.  But there are defenses available to fight the accusation:

• Accident:  If a person accidentally exposes oneself then they would be found not guilty of indecent exposure.  This may occur at a pool or beach where someone’s bathing suit slips off by accident.
• Alibi: “Alibi” means that the accused could not have committed the offense charged because the accused was at another place when the offense occurred.  As this defense allows the accused to show he or she was not the person who committed the offense at a certain time or place, the government will be unable to meet its burden of proof.  The burden remains on the prosecution to demonstrate the accused’s guilt.
• Consent: Consent is a defense to wrongful visual recording and broadcasting.  If in the comforts of one’s home, they engage in consensual viewing, recording, or broadcasting, they would not be guilty of this offense.  While someone may regret consenting to the acts in the moment, if consent was provided when the act happened, that would be a complete defense.  Regret is a powerful motivator for false reports; those accused of this should carefully evaluate the motivations of the person reporting.

The maximum punishment for Article 120c is a dishonorable discharge, confinement for 20 years, total forfeitures of pay and allowances, reduction in rank to E-1, and other lawful punishments.

Indecent Viewing

• Dishonorable Discharge or Dismissal (Officers)
• Confinement for One Year
• Total Forfeitures
• Reduction in Rank to E-1

Indecent Recording

• Dishonorable Discharge or Dismissal (Officers)
• Confinement for 5 Years
• Total Forfeitures
• Reduction in Rank to E-1

Broadcasting or Distribution of an Indecent Recording

• Dishonorable Discharge or Dismissal (Officers)
• Confinement for 7 Years
• Total Forfeitures
• Reduction in Rank to E-1

Forcible Pandering

• Dishonorable Discharge or Dismissal (Officers)
• Confinement for 20 Years
• Total Forfeitures
• Reduction in Rank to E-1

Indecent Exposure

• Dishonorable Discharge or Dismissal (Officers)
• Confinement for One Year
• Total Forfeitures
• Reduction in Rank to E-1

The potential penalties for sexual offenses in the military under Article 120c vary on the seriousness of the offense. A court-martial can impose a range of punishments, including:

• Confinement: The accused may face imprisonment for a specific period determined by the court-martial.
• Reduction in rank: This could involve a demotion to a lower enlisted grade or officer rank.
• Forfeiture of pay and allowances: The accused may lose a portion of their military pay and benefits.
• Bad-conduct discharge: This is a less severe form of separation with a negative characterization, potentially impacting future employment opportunities and veteran benefits.  This only applies to Sexual Abuse of a Child.
• Reprimand or admonition: These are non-judicial punishments involving official censure of the accused’s actions.

The specific maximum punishment for an Article 120c offense will depend on how the government presents its case and how many separate specifications the accused is facing.  Our California sexual misconduct defense attorneys at the Military Law Center can help provide a maximum punishment for your case during a free consultation.

Sex offender registration in any state in which the accused resides is the most serious collateral consequence of a conviction under Article 120c, UCMJ.  Registering as a sex offender has reputational implications, restrictions upon travel, and detrimental privacy concerns for the accused.  Registering as a sex offender is like living life on an installment plan—always subject to government overwatch, strict check-in deadlines, and constant potential to go back to jail for violating a check-in requirement.

In California, for example, an accused convicted under Article 120c would be required to update their information annually with local law enforcement, within five working days before or after their birthday. Some sex offenders must update their information more often: transients must update every 30 days and sexually violent predators must update every 90 days. 

Avoiding a conviction under Article 120c helps an accused avoid lifetime punishment associated with sex offender registration.

The military has the option of charging an accused with other sex offenses at a court martial or choosing to use the administrative separation board process.  All military services prohibit indecent viewing, recordings, and broadcasting, along with forcible pandering and indecent exposure.  An Administrative Discharge Board for Article 120c offenses is a more challenging environment for the respondent to win because the burden of proof is far lower than that required at a court martial.  

Despite the easier burden for the government, attorneys at the Military Law Center have successfully defended service members facing allegations of sex offenses at administrative discharge boards.  With diligent investigation, discovering motives to fabricate (like regret or weaponizing the military justice system to win a civilian divorce or custody battle), and excellent courtroom presence, our attorneys have defeated these allegations in the past.  By strategically planning a defense, preparing early, and critically analyzing the evidence, our ADSEP Board attorneys in Southern California can help get your military career back on track.

When a service member is arrested for sexual offenses or becomes “titled” in a law enforcement investigation, their security clearance may be in jeopardy.  Service members may receive a Request for Supplemental Information (RSI) from the Defense Counterintelligence and Security Agency (DSCA).  DSCA is required to review a service member’s eligibility for an active security clearance when they are charged with or convicted of any criminal offenses (excluding traffic violations that do not involve alcohol or drugs, resulting in fines less than $300) since the last investigation pursuant to DoDM 5200.02. 

As any response to DSCA may be used against a service member later at an ADSEP Board or court martial, it is paramount to consult with a qualified military law attorney with experience with security clearance issues.  Effective responses to a request for supplemental information will use the 2017 National Security Adjudicative Guidelines, Security Executive Agent Directive 4.

An Article 120c arrest and conviction can have devastating consequences beyond the courtroom. It can damage your reputation within the military, stall your career progression, and potentially hinder future job opportunities in the civilian sector.  Friends and family may turn their backs on you.

Additionally, service members may be precluded from ownership, receipt, or transport of any firearm that has been transported in interstate or foreign commerce under 18 U.S.C. § 922(g)(6) when the accused separates from the military with a dishonorable discharge or is exposed to more than one year of confinement at trial.

Facing an Article 120c accusation for sexual misconduct can be debilitating, stressful, and oftentimes a distressing experience. At Military Law Center, our attorneys understand the challenges you’re facing, and we’re here to help. Here’s what sets us apart:

• Experienced Military Defense Lawyers: Our team is comprised of former military judge advocates (JAGs) with a deep understanding of military law and the UCMJ. We’ve successfully defended countless service members facing all kinds of allegations, and we know how to litigate the complexities of military justice from start to finish.
• Personalized Attention: We care for every client as an individual. We’ll take the time to understand your specific situation and develop a personalized defense strategy, to include rehabilitation options, designed to achieve the best possible outcome.
• Aggressively Protecting Your Rights: We’re committed to fighting for your rights and ensuring you receive fair treatment throughout the legal process. We’ll explore all available defenses and work tirelessly to protect your career and reputation.
• Clear Communication: We understand legal terms can be confusing. We’ll keep you informed about the progress of your case and explain everything in clear, understandable terms.
• Free Consultation: We offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.

Don’t Face Article 120c Allegations Alone. Military Law Center Can Help.

An Article 120c charge can take away your gun rights and security clearance, stall your military career, force you to register as a sex offender, and damage your personal and professional reputation. But you don’t have to fight by yourself. Military Law Center has a proven track record of successfully defending service members facing the most serious charges and getting them the rehabilitative help they need. Our experienced military law attorneys understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Contact Military Law Center today for a free consultation.
We’ll stand by your side and fight for you.

Call Us Today – (760) 536-9038