Summary of changes
Article 120a — Mails: deposit of obscene matter
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
8 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
61.a.
unchanged
Original text
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.
Current text
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.
61.b.
unchanged
Original text
Elements.
Current text
Elements.
61.b.(1)
unchanged
Original text
That the accused deposited or caused to be deposited in the mails certain matter for mailing and delivery;
Current text
That the accused deposited or caused to be deposited in the mails certain matter for mailing and delivery;
61.b.(2)
unchanged
Original text
That the act was done wrongfully and knowingly; and
Current text
That the act was done wrongfully and knowingly; and
61.b.(3)
unchanged
Original text
That the matter was obscene.
Current text
That the matter was obscene.
61.c.
unchanged
Original text
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.
Current text
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.
61.d.
unchanged
Original text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
Current text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
61.e.
unchanged
Original text
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: __________.
Current text
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: __________.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.