- in this case involving the offense of sexual abuse of a child by indecent conduct charged under Article 120b, UCMJ, when the members sent a question to the military judge during deliberations wanting to know the meaning of the phrase “in the presence of” a child, as used to define the term “lewd act” for purposes of the offense (Article 120b(h)(5)(D), UCMJ), the military judge told the members to rely on their common sense to define the phrase, and the trial defense counsel had no objection; despite this failure to object, appellant did not waive the opportunity to object on appeal to the military judge’s instruction because at the time of appellant's trial, it was unsettled whether the phrase “in the presence of” required the child to be aware of the lewd act where the statute did not define the phrase and there was no case law interpreting it
CAAF Opinion Digest · III.AA.62 · Crimes Offenses on/after 1 Jan 2019
Article 120b - Rape and Sexual Assault of a Child
Offenses committed on or after 1 January 2019 (post-2016 amendment) — opinions from the 2021 Term of Court forward.
For offenses before 1 January 2019 see
III.A — Article 120b - Rape and Sexual Assault of a Child (post-2012 Amendment) and 2 other III.A topics on this article.
1 digested opinion, 2021–2021 Terms
(c) Sexual Abuse of a Child
2021 (October Term)
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIAA62 · Always confirm a holding against the opinion itself (linked from each case name).