U.S. v. Sutton, 68 M.J. 455

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

1. the elements of indecent liberties with a child clearly contemplates two actors, as the MCM refers to “the accused” and refers to the victim as a “certain person” or “this person”

Core Criminal Law Subjects: Crimes: Article 134 - Soliciting Another to Commit an Offense Pre-2019 offenses

1. a specification alleging that appellant asked his 10-year-old stepdaughter to lift her shirt to show him her breasts failed to state the offense of solicitation to commit indecent liberties with a child because the victim could not commit the offense of indecent liberties with a child on herself

Trial Stages: Pretrial: Charges and Specifications

1. a specification states an offense if it alleges, either expressly or by implication, every element of the offense, so as to give the accused notice and protection against double jeopardy
2. a specification alleging that appellant asked his 10-year-old stepdaughter to lift her shirt to show him her breasts failed to state the offense of solicitation to commit indecent liberties with a child because the victim could not commit the offense of indecent liberties with a child on herself

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. the question of whether a specification states an offense is a question of law that an appellate court reviews de novo