Maximum punishment

DD, TF, 3 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location) on or about __________, wrongfully and knowingly (deposit) (cause to be deposited) in the (United States) (__________) mails, for mailing and delivery a (letter) (picture) (__________) (containing) (portraying) (suggesting) (__________) certain obscene matters, to wit: __________.

Elements

(1) That (state the time and place alleged), the accused (deposited) (caused to be deposited) in the (United States) (__________) mails, for mailing and delivery, a (letter) (picture) (__________) (containing) (portraying) (suggesting) (__________) (a) certain matter(s), to wit: (state the matter(s) alleged);

(2) That the act was done wrongfully and knowingly; and

(3) That the matter deposited was obscene.

Definitions & other instructions

“Obscene” means 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. The matter must violate community standards of decency or obscenity and must go beyond customary limits of expression. The community standards of decency or obscenity are to be judged according to a reasonable person in the military community as a whole, rather than the most prudish or the most tolerant members of the military community.

“Knowingly” means the accused deposited the material with knowledge of its nature.

Knowingly depositing obscene matter in the mails is “wrongful” if it is done without legal justification or authorization.

References

Obscenity defined, Miller v. California, 413 US 15 (1973), Smith v. US, 431 US 291 (1977); US v. Negron, 60 MJ 136 (CAAF 2004).