U.S. v. King, 71 M.J. 50

Core Criminal Law Subjects: Crimes: Article 80 - Attempts Pre-2019 offenses

1. to constitute an attempt, there must be a specific intent to commit the offense accompanied by an overt act which directly tends to accomplish the unlawful purpose; preparation consists of devising or arranging the means or measures necessary for the commission of the offense; the overt act required goes beyond preparatory steps and is a direct movement toward the commission of the offense
2. during a Skype Internet conversation, appellant’s request to his 14-year-old stepdaughter to expose her breasts so that he could observe them utilizing the web camera constituted an attempt to commit an indecent act; appellant’s request was an overt act that constituted direct movement toward the commission of an indecent act; but for his stepdaughter’s refusal to lift her shirt, appellant would have viewed his stepdaughter’s breasts

Core Criminal Law Subjects: Crimes: Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct Pre-2019 offenses › (k) Indecent Act

1. the elements of the offense of indecent acts include (a) that the accused engaged in certain conduct, and (b) that the conduct was indecent conduct; indecent conduct is defined, in part, as that 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; this court has held that “language” can be, or be part of, “conduct” in a particular case
2. during a Skype Internet conversation, appellant’s request to his 14-year-old stepdaughter to expose her breasts so that he could observe them utilizing the web camera constituted an attempt to commit an indecent act; appellant’s request was an overt act that constituted direct movement toward the commission of an indecent act; but for his stepdaughter’s refusal to lift her shirt, appellant would have viewed his stepdaughter’s breasts

Trial Stages: Pretrial: Charges and Specifications

1. in reviewing the adequacy of a specification, the analysis is limited to the language as it appears in the specification, which must expressly allege the elements of the offense, or do so by necessary implication

Trial Stages: Appeals: Scope of Review

1. in reviewing the adequacy of a specification, the analysis is limited to the language as it appears in the specification, which must expressly allege the elements of the offense, or do so by necessary implication

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

1. whether a specification states an offense is a question of law that is reviewed de novo
2. in reviewing the adequacy of a specification, the analysis is limited to the language as it appears in the specification, which must expressly allege the elements of the offense, or do so by necessary implication

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Generally

1. unless ambiguous, the plain language of a statute will control unless it leads to an absurd result

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: United States Code

1. unless ambiguous, the plain language of a statute will control unless it leads to an absurd result

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: State Laws / Statutes

1. unless ambiguous, the plain language of a statute will control unless it leads to an absurd result