CAAF Opinion Digest · III.A · Crimes Pre-2019 offenses

Generally

At the court
Offenses committed before 1 January 2019 (pre-2016 amendment) — opinions from the 1999 through 2020 Terms of Court. For offenses on or after 1 January 2019 see III.AA — Generally.
4 digested opinions, 2015–2018 Terms
2018 (October Term)
United States v. Voorhees, 79 M.J. 5 · decided Jun 27, 2019 · No. 18-0372/AF
  1. although it is true that wrongdoing must be conscious to be criminal, Congress is not required to include an explicit mens rea in every article of the UCMJ
  2. when a statute is silent as to mens rea, an appellate court only reads into the statute that mens rea which is necessary to separate wrongful conduct from innocent conduct; a statute’s silence can be indicative of a general intent scienter
  3. general intent merely requires the intent to perform the actus reus even though the actor does not desire the consequences that result
United States v. Rodriguez, 79 M.J. 1 · decided Jun 20, 2019 · No. 18-0350/CG
  1. that a crime is comprised of both an actus reus and a mens rea necessarily means both components must exist at the time an offense is committed if the offense is to amount to a crime at all; although a criminal actor must possess the requisite intent when he commits a criminal act, circumstantial evidence from before or after the act may be used to prove an actor had the requisite intent at the time of the act
United States v. McDonald, 78 M.J. 376 · decided Apr 17, 2019 · No. 18-0308/AR
  1. in determining the mens rea applicable to an offense, a court must first discern whether one is stated in the text, or, failing that, whether Congress impliedly intended a particular mens rea
  2. the existence of a mens rea is presumed in the absence of clear congressional intent to the contrary
  3. a general intent mens rea is not the absence of a mens rea, and such offenses remain viable in appropriate circumstances
  4. the appropriate mens rea can be implied from context
2015 (September Term)
United States v. Caldwell, 75 M.J. 276 · decided May 16, 2016 · No. 16-0091/AR
  1. it is a fundamental principle of criminal law that wrongdoing must be conscious to be criminal; this does not mean that an accused must know that his actions constitute criminal conduct; rather, an accused must have knowledge of the facts that make his conduct fit the definition of the offense
  2. the general rule is that a guilty mind is a necessary element in the charge sheet and proof of every crime
  3. even when a mens rea (guilty mind) requirement is not explicitly included in a criminal statute, that does not necessarily mean that such a requirement can be dispensed with; rather, generally speaking, criminal statutes should be interpreted by courts as still including broadly applicable mens rea requirements, even where the statute does not contain them
  4. an inference of a mens rea requirement by a court is not merited when there is an indication of congressional intent to the contrary
  5. in inferring a mens rea requirement in a statute that is otherwise silent, courts must only read into the statute that mens rea which is necessary to separate wrongful conduct from innocent conduct
  6. in some instances, the mere requirement in a statute that a defendant commit an act with knowledge of certain facts — i.e., that the defendant possessed general intent — is enough to ensure that innocent conduct can be separated from wrongful conduct
  7. general intent requires knowledge with respect to the actus reus of the crime
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This is a verbatim mirror of the Opinion Digest and opinions tables published by the United States Court of Appeals for the Armed Forces. The headnotes are the court staff’s summaries of the opinions, reproduced as published; they are not the opinions themselves and not this site’s commentary. Nothing here is edited on this site.

Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIA0 · Always confirm a holding against the opinion itself (linked from each case name).

A. Crimes
Pre-2019 offenses
Generally (4) Article 77 - Principals (8) Article 79 - Conviction of Lesser Included Offenses (11) Article 80 - Attempts (15) Article 81 - Conspiracy (14) Article 83 - Fraudulent Enlistment, Appointment, or Separation (2) Article 85 - Desertion (1) Article 86 - Absence without Leave (5) Article 87 -- Missing Movement (1) Article 89 - Disrespect Toward a Superior Commissioned Officer (1) Article 90 - Assaulting or Willfully Disobeying Superior Commissioned Officer (6) Article 91 - Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer (2) Article 92 - Failure to Obey Order or Regulation (21) Article 93 - Cruelty and Maltreatment (9) Article 95 - Resistance, Flight, Breach of Arrest, and Escape (6) Article 104 - Aiding the Enemy (1) Article 107 - False Official Statements (10) Article 108 - Military Property of the U.S.-Sale, Loss, Damage, Destruction, or Wrongful Disposition (2) Article 110 - Improper Hazarding of Vessel (1) Article 111 - Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel (1) Art. 112a -- Wrongful Use, Possession, etc, of Controlled Substances (17) Article 117 - Provoking Speeches or Gestures (2) Article 118 - Murder (9) Article 119 - Manslaughter (7) Article 120 - Rape and Carnal Knowledge (13) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (3) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (6) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (2) Article 120 - Rape, Sexual Assault, and Other Sexual Misconduct (1) Article 120b - Rape and Sexual Assault Generally (3) Article 120 - Rape and Sexual Assault Generally (2) Article 120 - Rape and Sexual Assault Generally (6) Article 120 - Rape and Sexual Assault Generally (4) Article 120a - Stalking (1) Article 120b - Rape and Sexual Assault of a Child (2) Article 120b - Rape and Sexual Assault of a Child (3) Article 120c - Other Sexual Misconduct (2) Article 121 - Larceny and Wrongful Appropriation (15) Article 122 - Robbery (1) Article 123 - Forgery (2) Article 123a - Making, Drawing, or Uttering Check, Draft, or Order without Sufficient Funds (1) Article 125 - Sodomy (11) Article 127 - Extortion (1) Article 128 - Assault (18) Article 129 - Burglary (1) Article 130 - Housebreaking (5) Article 133 - Conduct Unbecoming an Officer and Gentleman (12) Article 134 - General Article (29) Article 134 - Adultery (4) Article 134 -- Assault, Indecent (5) Article 134 -- Bribery and Graft (2) Article 134 -- Check, Worthless, Making and Uttering -- by Dishonorably Failing to Maintain Funds (1) Article 134 -- Child Endangerment (para 68a, MCM) (3) Article 134 -- Child Pornography (para 68b, MCM, *** Post-2012 Amendment) (5) Article 134 -- Debt, Dishonorably Failing to Pay (1) Article 134 -- Disloyal Statements (1) Article 134 -- False Swearing (1) Article 134 -- Firearm, Discharging – Willfully under such Circumstancesas to Endanger Human Life (1) Article 134 -- Fraternization (1) Article 134 -- Gambling with Subordinate (1) Article 134 -- Negligent Homicide (3) Article 134 - Indecent Acts or Liberties with a Child (9) Article 134 - Indecent Exposure (3) Article 134 - Indecent Language (2) Article 134 -- Indecent Acts with Another (9) Article 134 -- Kidnapping (3) Article 134 -- Mail-Taking, Opening, Secreting, Destroying, or Stealing (1) Article 134 - Mails --Depositing or Causing to be Deposited Obscene Matters in (1) Article 134 - Misprision of Serious Offense (1) Art. 134 - Obstructing Justice (7) Art. 134 - Pandering and Prostitution (1) Article 134 -- Reckless Endangerment (para 100a, MCM) (2) Article 134 – Restriction, Breaking (1) Article 134 -- Self-injury without Intent to Avoid Service (para 103a, MCM) (1) Article 134 - Soliciting Another to Commit an Offense (4) Article 134 - Stolen Property-Knowingly Receiving, Buying, Concealing (1) Article 134 - Threat, Communicating (3) Article 134 - Unlawful Entry (1) Article 134 - Weapon, Concealed and Carrying (1) Art. 134 - Miscellaneous -- Clause 1, Clause 2, or Clause 3 (56)
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