Part IV · Punitive Articles

Article 120a. Mails: deposit of obscene matter · MCM ¶ 61

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. Any person subject to this chapter who, wrongfully and knowingly, deposits obscene matter for mailing and delivery shall be punished as a court-martial may direct.
(b) Elements.
(1) That the accused deposited or caused to be deposited in the mails certain matter for mailing and delivery;
(2) That the act was done wrongfully and knowingly; and
(3) That the matter was obscene.
(c) Explanation. Whether something is obscene is a question of fact. Obscene is synonymous with indecent as the latter is defined in subparagraph 104.c. The matter must violate community standards of decency or obscenity and must go beyond customary limits of expression. “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.
(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(e) Sample specification. In that ______________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about __ 20____, 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: __________.
Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.
3a-61-1MAIL-DEPOSIT OF OBSCENE MATTER
NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
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).

Source: Instruction 3a-61-1 · view original on jagcnet.army.mil