U.S. v. Sapp, 53 M.J. 90

Core Criminal Law Subjects: Crimes: Art. 134 - Miscellaneous -- Clause 1, Clause 2, or Clause 3 Pre-2019 offenses

1. the three clauses of Article 134 do not create separate offenses; instead, they provide alternative ways of proving the criminal nature of the charged misconduct
2. conduct which violates no specific statute may still be an offense under Article 134 if it is found to be prejudicial to good order and discipline or if it is of a nature to bring discredit upon the armed forces
3. knowing possession of images depicting sexually explicit conduct by minors, when determined to be service-discrediting conduct, is a violation of Article 134

Trial Stages: Appeals: Remedies › Generally

1. Article 59(a), UCMJ, provides for the general power of reviewing authorities to approve or affirm only so much of a finding as includes a lesser-included offense
2. an appellate court may affirm a lesser-included offense where a guilty plea to an original greater charge cannot be sustained - factors to consider in doing so include: (1) whether the appellant had been placed on notice of the lesser charge; (2) whether the appellant admitted the elements necessary to sustain the lesser offense during the providence inquiry; and (3) whether the lesser and greater offenses were closely related to one another