Summary of changes
Article 120c — Other sexual misconduct
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
58 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
63.a.
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Original text
Text of statute.
Current text
Text of statute.
63.a.(a)
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INDECENT VIEWING, VISUAL RECORDING, OR BROADCASTING.—Any person subject to this chapter who, without legal justification or lawful authorization—
Current text
INDECENT VIEWING, VISUAL RECORDING, OR BROADCASTING.—Any person subject to this chapter who, without legal justification or lawful authorization—
63.a.(a)(1)
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knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy;
Current text
knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy;
63.a.(a)(2)
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knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy; or
Current text
knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy; or
63.a.(a)(3)
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knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs (1) and (2); is guilty of an offense under this section and shall be punished as a court-martial may direct.
Current text
knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs (1) and (2); is guilty of an offense under this section and shall be punished as a court-martial may direct.
63.a.(b)
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FORCIBLE PANDERING.—Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.
Current text
FORCIBLE PANDERING.—Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.
63.a.(c)
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INDECENT EXPOSURE.—Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct.
Current text
INDECENT EXPOSURE.—Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct.
63.a.(d)
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DEFINITIONS.—In this section:
Current text
DEFINITIONS.—In this section:
63.a.(d)(1)
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ACT OF PROSTITUTION.—The term “act of prostitution” means a sexual act or sexual contact (as defined in section 920(g) of this title (article 120(g))) on account of which anything of value is given to, or received by, any person.
Current text
ACT OF PROSTITUTION.—The term “act of prostitution” means a sexual act or sexual contact (as defined in section 920(g) of this title (article 120(g))) on account of which anything of value is given to, or received by, any person.
63.a.(d)(2)
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PRIVATE AREA.—The term “private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
Current text
PRIVATE AREA.—The term “private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
63.a.(d)(3)
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REASONABLE EXPECTATION OF PRIVACY.—The term “under circumstances in which that other person has a reasonable expectation of privacy” means—
Current text
REASONABLE EXPECTATION OF PRIVACY.—The term “under circumstances in which that other person has a reasonable expectation of privacy” means—
63.a.(d)(3)(A)
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circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured; or
Current text
circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured; or
63.a.(d)(3)(B)
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circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.
Current text
circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.
63.a.(d)(4)
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BROADCAST.—The term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
Current text
BROADCAST.—The term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
63.a.(d)(5)
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DISTRIBUTE.—The term “distribute” means delivering to the actual or constructive possession of another, including transmission by electronic means.
Current text
DISTRIBUTE.—The term “distribute” means delivering to the actual or constructive possession of another, including transmission by electronic means.
63.a.(d)(6)
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INDECENT MANNER.—The term “indecent manner” means conduct that amounts to a 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.
Current text
INDECENT MANNER.—The term “indecent manner” means conduct that amounts to a 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.
63.b.
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Elements.
Current text
Elements.
63.b.(1)
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Indecent viewing.
Current text
Indecent viewing.
63.b.(1)(a)
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That the accused, without legal justification or lawful authorization, knowingly and wrongfully viewed the private area of another person;
Current text
That the accused, without legal justification or lawful authorization, knowingly and wrongfully viewed the private area of another person;
63.b.(1)(b)
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That said viewing was without the other person’s consent; and
Current text
That said viewing was without the other person’s consent; and
63.b.(1)(c)
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That said viewing took place under circumstances in which the other person had a reasonable expectation of privacy.
Current text
That said viewing took place under circumstances in which the other person had a reasonable expectation of privacy.
63.b.(2)
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Indecent recording.
Current text
Indecent recording.
63.b.(2)(a)
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That the accused, without legal justification or lawful authorization, knowingly recorded (photographed, videotaped, filmed, or recorded by any means) the private area of another person;
Current text
That the accused, without legal justification or lawful authorization, knowingly recorded (photographed, videotaped, filmed, or recorded by any means) the private area of another person;
63.b.(2)(b)
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That said recording was without the other person’s consent; and
Current text
That said recording was without the other person’s consent; and
63.b.(2)(c)
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That said recording was made under circumstances in which the other person had a reasonable expectation of privacy.
Current text
That said recording was made under circumstances in which the other person had a reasonable expectation of privacy.
63.b.(3)
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Broadcasting of an indecent recording.
Current text
Broadcasting of an indecent recording.
63.b.(3)(a)
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That the accused, without legal justification or lawful authorization, knowingly broadcast a certain recording of another person’s private area;
Current text
That the accused, without legal justification or lawful authorization, knowingly broadcast a certain recording of another person’s private area;
63.b.(3)(b)
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That said recording was made without the other person’s consent;
Current text
That said recording was made without the other person’s consent;
63.b.(3)(c)
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That the accused knew or reasonably should have known that the recording was made without the other person’s consent;
Current text
That the accused knew or reasonably should have known that the recording was made without the other person’s consent;
63.b.(3)(d)
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That said recording was made under circumstances in which the other person had a reasonable expectation of privacy; and
Current text
That said recording was made under circumstances in which the other person had a reasonable expectation of privacy; and
63.b.(3)(e)
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That the accused knew or reasonable should have known that said recording was made under circumstances in which the other person had a reasonable expectation of privacy.
Current text
That the accused knew or reasonable should have known that said recording was made under circumstances in which the other person had a reasonable expectation of privacy.
63.b.(4)
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Distribution of an indecent recording.
Current text
Distribution of an indecent recording.
63.b.(4)(a)
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That the accused, without legal justification or lawful authorization, knowingly distributed a certain recording of another person’s private area;
Current text
That the accused, without legal justification or lawful authorization, knowingly distributed a certain recording of another person’s private area;
63.b.(4)(b)
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That said recording was made without the other person’s consent;
Current text
That said recording was made without the other person’s consent;
63.b.(4)(c)
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That the accused knew or reasonably should have known that said recording was made without the other person’s consent;
Current text
That the accused knew or reasonably should have known that said recording was made without the other person’s consent;
63.b.(4)(d)
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That said recording was made under circumstances in which the other person had a reasonable expectation of privacy; and
Current text
That said recording was made under circumstances in which the other person had a reasonable expectation of privacy; and
63.b.(4)(e)
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That the accused knew or reasonably should have known that said recording was made under circumstances in which the other person had a reasonable expectation of privacy.
Current text
That the accused knew or reasonably should have known that said recording was made under circumstances in which the other person had a reasonable expectation of privacy.
63.b.(5)
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Forcible pandering.
That the accused compelled another person to engage in an act of prostitution with any person.
Current text
Forcible pandering.
That the accused compelled another person to engage in an act of prostitution with any person.
63.b.(6)
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Original text
Indecent exposure.
Current text
Indecent exposure.
63.b.(6)(a)
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That the accused exposed the accused’s genitalia, anus, buttocks, or female areola or nipple;
Current text
That the accused exposed the accused’s genitalia, anus, buttocks, or female areola or nipple;
63.b.(6)(b)
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That the exposure was in an indecent manner; and
Current text
That the exposure was in an indecent manner; and
63.b.(6)(c)
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That the exposure was intentional.
Current text
That the exposure was intentional.
63.c.
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Explanation.
Current text
Explanation.
63.c.(1)
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In general.
Sexual offenses have been separated into three statutes: offenses against adults (120), offenses against children (120b), and other offenses (120c).
Current text
In general.
Sexual offenses have been separated into three statutes: offenses against adults (120), offenses against children (120b), and other offenses (120c).
63.c.(2)
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Definitions.
Current text
Definitions.
63.c.(2)(a)
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Recording.
A recording is a still or moving visual image captured or recorded by any means.
Current text
Recording.
A recording is a still or moving visual image captured or recorded by any means.
63.c.(2)(b)
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Other terms are defined in subparagraph 60.a.(g), supra.
Current text
Other terms are defined in subparagraph 60.a.(g), supra.
63.d.
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Maximum punishment.
Current text
Maximum punishment.
63.d.(1)
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Indecent viewing. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
Current text
Indecent viewing. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
63.d.(2)
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Indecent recording. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Current text
Indecent recording. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
63.d.(3)
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Broadcasting or distribution of an indecent recording. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 7 years.
Current text
Broadcasting or distribution of an indecent recording. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 7 years.
63.d.(4)
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Forcible pandering. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
Current text
Forcible pandering. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years.
63.d.(5)
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Indecent exposure. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
Current text
Indecent exposure. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
63.e.
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Sample specifications.
Current text
Sample specifications.
63.e.(1)
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Indecent viewing, recording, or broadcasting.
Current text
Indecent viewing, recording, or broadcasting.
63.e.(1)(a)
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Indecent viewing.
In that ________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, without legal justification or lawful authorization, knowingly and wrongfully view the private area of __________, without (his) (her) consent and under circumstances in which (he) (she) had a reasonable expectation of privacy.
Current text
Indecent viewing.
In that ________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, without legal justification or lawful authorization, knowingly and wrongfully view the private area of __________, without (his) (her) consent and under circumstances in which (he) (she) had a reasonable expectation of privacy.
63.e.(1)(b)
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Indecent recording.
In that ________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, without legal justification or lawful authorization, knowingly (photograph) (videotape) (film) (make a recording of) the private area of __________, without (his) (her) consent and under circumstances in which (he) (she) had a reasonable expectation of privacy.
Current text
Indecent recording.
In that ________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, without legal justification or lawful authorization, knowingly (photograph) (videotape) (film) (make a recording of) the private area of __________, without (his) (her) consent and under circumstances in which (he) (she) had a reasonable expectation of privacy.
63.e.(1)(c)
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Original text
Broadcasting or distributing an indecent recording.
In that _________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, without legal justification or lawful authorization, knowingly (broadcast) (distribute) a recording of the private area of __________, when the said accused knew or reasonably should have known that the said recording was made without the consent of _____________ and under circumstances in which (he) (she) had a reasonable expectation of privacy.
Current text
Broadcasting or distributing an indecent recording.
In that _________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, without legal justification or lawful authorization, knowingly (broadcast) (distribute) a recording of the private area of __________, when the said accused knew or reasonably should have known that the said recording was made without the consent of _____________ and under circumstances in which (he) (she) had a reasonable expectation of privacy.
“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.