Article 120a is a largely unknown article of the Uniform Code of Military Justice (UCMJ) that criminalizes using the mail to send obscene materials. While we live in a digital age in which information is easily transmitted electronically, it is still a crime in the military to knowingly deposit or cause someone else to deposit in the mail certain inappropriate material. The consequences for doing so can be 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. Contact one of our military defense lawyers today to learn more.
What is considered obscene under Article 120a, UCMJ?
To be guilty of violating Article 120a, UCMJ, the Government must prove three elements:
- That the accused deposited or caused to be deposited in the mails certain matter for mailing and delivery;
- That the act was done wrongfully and knowingly; and
- That the matter was obscene.
Let’s break down the important definitions from those elements.
The most important definition to understand is the meaning of “obscene” material. Courts define “obscene” as 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. Article 120a explains that whether something is obscene is a question of fact for the judge or jury to decide.
In addition to being of a sexually impure and deviant nature, 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.
Finally, to prove a violation of Article 120a the government must show that the person’s actions were knowing and wrongful. “Knowingly” simply means the person deposited the material with knowledge of its nature. In other words, if a person mailed a package and reasonably believed that the contents of the package did not contain any obscene material, that could be a defense at trial. Knowingly depositing obscene matter in the mails is “wrongful” if it is done without legal justification or authorization.
Mailing Obscene Matter is a "Covered Offense"
The offense of mailing obscene matter has become even more serious in recent years given that it is now considered a “covered offense” under the UCMJ 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
Mailing obscene materials is considered a Category 2 offense under the UCMJ that carries anywhere from 1-36 months of confinement, along with the possibility for a dishonorable discharge and total forfeitures of all pay and allowances.
Protect Your Freedom and Your Military Future
When your career, freedom, and future are on the line, you need an experienced law firm in your corner that will zealously fight for you. MJA has defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ and will ensure that every avenue of defense is aggressively pursued on your behalf.
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.
Call MJA today for a consultation.
