The offenses criminalized under Article 120, UCMJ, are among the most serious crimes a person can commit. Article 120 prohibits not only non-consensual sexual conduct involving adults or minors but also acts of sexual indecency that do not result in physical contact. Regardless of the charge, however, one thing is clear – a conviction under Article 120 is serious and life changing.
When your military career, future, and freedom are on the line, you need an experienced law firm in your corner. The attorneys at MJA have decades of experience and have defended service members charged with some of the most serious offenses under the UCMJ, including allegations of sexual misconduct. Contact one of our military defense lawyers today to learn more.
Overview of Article 120, UCMJ, Offenses
Article 120, UCMJ, contains four general categories of offenses:
Article 120, Rape and Sexual Assault, criminalizes unlawful sexual contact in which the victim is an adult. This includes not only penetrative offenses like rape and sexual assault, but also abusive sexual contact which involves sexual touching. Click here for a more detailed explanation of the elements, penalties, and defenses for an Article 120 charge.
In contrast, Article 120a, Mail, Deposit of Obscene Matter, does not involve any sexual touching but rather prohibits a service member from depositing or causing to be deposited in the mail obscene material. You can read more about Article 120a offenses in our blog.
Article 120b (Rape and Sexual Assault of a Child)
There is perhaps no offense under the UCMJ more serious than rape and sexual assault of a child. Any such allegation will be thoroughly investigated and prosecuted to the fullest extent of the law.
Potential offenses under Article 120b include rape, sexual assault, and sexual abuse. These offenses cover numerous potential circumstances under which the offense might have occurred, from force to threats to the use of intoxicants, and authorize different punishments based on the age of the child.
Article 120b also criminalizes “lewd acts” which may or may not involve any sexual touching but are nonetheless indecent. Lewd acts against a child may include sexual contact, exposing one’s private areas, communicating indecent language, or any indecent conduct done in the presence of the child or using communication technology that amounts to sexual immorality.
Indecent conduct through the use of communication technology is of particular concern in today’s society given the digital age in which we live. Young people often meet and communicate online where it can be difficult to confirm someone’s true age. Service members must be diligent to ensure that their online communications are only with consenting adults and are otherwise not discrediting to the military.
Article 120c (Other Sexual Misconduct)
Serving as a final “catch-all” for sexual misconduct, Article 120c prohibits a service member from engaging in (1) indecent viewing, visual recording, or broadcasting; (2) forcible pandering; and (3) indecent exposure, each explained below.
Indecent viewing, visual recording, or broadcasting prohibit a service member from wrongfully viewing the private area of another person, from wrongfully photographing or recording the private area of another person without their consent, or of wrongfully broadcasting or distributing such recording. Whether the viewing, recording, or broadcast is illegal often hinges on whether the alleged victim had a reasonable expectation of privacy.
Forcible pandering occurs when a service member compels another person to engage in an act of prostitution with someone else. Acts of prostitution occur when there is a sexual act or sexual contact where value is given to, or received by, any person.
Indecent exposure occurs when a person intentionally exposes, in an indecent manner, their genitalia, anus, buttocks, or female areola or nipple. There are three elements to this offense: (1) That the accused exposed his/her genitalia, anus, buttocks, or female areola or nipple; (2) That the exposure was in an indecent manner; and (3) that the exposure was intentional. “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.”
Article 120 Violations are "Covered Offenses"
Regardless of the offense charged, any Article 120 violation is considered a “covered offense” under the UCMJ due to its seriousness and will be reviewed by the Office of Special Trial Counsel (OSTC). Established by the FY22 National Defense Authorization Act (NDAA), the OSTC is composed of specially trained military prosecutors who handle only serious criminal offenses. The OSTC has the authority to prosecute the following “covered offenses”:
- Article 117a, Wrongful Broadcast or Distribution of Intimate Visual Images
- Article 118, Murder
- Article 119, Manslaughter
- Article 119a, Death or Injury of an Unborn Child
- Article 120, Rape and Sexual Assault
- Article 120a, Mail, Deposit of Obscene Matter
- Article 120b, Rape and Sexual Assault of a Child
- Article 120c, Other Sexual Misconduct
- Article 125, Kidnapping
- Article 128b, Domestic Violence
- Article 130, Stalking
- Article 132, Retaliation
- Article 134, Child Pornography
- A conspiracy, solicitation, or attempt to commit a covered offense is also a covered offense.
The OSTC took effect on 27 December 2023 and now has jurisdiction with respect to covered offenses that occur after that date. When going up against the best prosecutors in the Department of Defense, service members facing court-martial need to have the very best legal defense representation.
Maximum Punishment
Violations under Articles 120b and 120c can carry significantly different penalties depending on the nature and seriousness of the charge. However, serious allegations almost always carry the possibility of significant confinement, dishonorable discharge, and mandatory sex offender registration.
Protect Your Freedom and Your Military Future
MJA has successfully defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ, including allegations of sexual misconduct under Article 120. Here are some of the advantages of choosing our firm:
- Legal Expertise: When you hire us, you benefit from our extensive legal expertise and experience in military law. Our lawyers have in-depth knowledge of the Uniform Code of Military Justice (UCMJ) and understand the complexities of military court-martial proceedings.
- Strategic Guidance: We provide strategic guidance tailored to your specific case. Our lawyers assess the details of your situation, identify potential legal defenses, and develop a customized defense strategy aimed at achieving the best possible outcome.
- Protecting Your Rights: As your legal representatives, we are dedicated to protecting your rights throughout the legal process. We ensure that you receive fair treatment and due process under military law, advocating on your behalf at every stage of the proceedings.
- Navigating Complex Procedures: Military court-martials involve complex procedures and rules that can be difficult to navigate without legal assistance. We guide you through the entire process, from pre-trial investigations to courtroom proceedings, ensuring that you understand your rights and obligations every step of the way.
- Evidence Gathering and Presentation: Our firm is skilled in gathering and presenting evidence to support your case effectively. We work diligently to uncover exculpatory evidence, challenge the prosecution's case, and present compelling arguments in your defense.
- Negotiating Plea Deals: In some cases, negotiating a plea deal may be the most advantageous option for minimizing the potential consequences of a conviction. We have experience negotiating with military prosecutors to secure favorable plea agreements when appropriate.
- Courtroom Representation: If your case goes to trial, our lawyers provide strong and effective courtroom representation. We are skilled litigators who advocate zealously for your interests, presenting your case persuasively to the court-martial panel or judge.
- Minimizing Penalties: If you are convicted of a military offense, our goal is to minimize the penalties you face. We work tirelessly to secure leniency in sentencing and explore options for rehabilitation, mitigating the impact of the conviction on your military career and future prospects.
- Emotional Support: Dealing with legal proceedings can be emotionally challenging, especially in cases involving serious allegations. We offer compassionate support and guidance throughout the process, helping you navigate the emotional aspects of your situation with empathy and understanding.
- Peace of Mind: By hiring us as your legal representatives, you can have peace of mind knowing that you have a dedicated team of professionals fighting for your rights and working toward the best possible outcome in your case. We are committed to providing you with the highest level of representation and support during this difficult time.
When your military career, future, and freedom are on the line, you need an experienced law firm in your corner. The attorneys at MJA have decades of experience and stand ready to fight for you. Contact one of our military defense lawyers today to learn more.
