U.S. v. Baker, 57 M.J. 330

Core Criminal Law Subjects: Crimes: Article 134 - Indecent Acts or Liberties with a Child Pre-2019 offenses

1. the offense of "indecent acts or liberties with a child" may be prosecuted at court-martial as a service discredit, or disorder, under Article 134, UCMJ; see paragraph 87b(1), Part IV, Manual; lack of consent by the child to the act or conduct is not essential to this offense; consent is not a defense; see paragraph 87c(1), Part IV, Manual
2. not all sexual conduct between a service person and a person under the age of 16 is per se indecent and therefore a crime; not all sexual conduct between a service person and a person under the age of 16 is indecent because the alleged victim is legally incapable of consenting to sexual acts; factual consent of the alleged victim may be irrelevant to determining whether a service person is guilty of indecent acts with a child

Trial Stages: Merits: Instructions › Generally

1. in the military justice system, it is the military judge who is required to tailor the instructions to the particular facts and issues in a case
2. appropriate instructions means those instructions necessary for the members to arrive at an intelligent decision concerning appellant’s guilt; an intelligent or rational decision on a person’s guilt requires consideration of the elements of a charged offense, the evidence pertaining to those elements, and applicable principles of law necessary to decide the case