UCMJ Article 120c – Other Sexual Misconduct

UCMJ Article 120c criminalizes forms of sexual misconduct not specifically covered under Articles 120 or 120b. It was created to ensure that acts such as indecent exposure, voyeurism, and indecent visual recording are addressed under military law. This article reflects the military’s position that sexual integrity and respect must be preserved in all environments, both on duty and off duty, and that service members are accountable for inappropriate sexual behavior that undermines discipline, trust, or morale.

Article 120c applies to both physical acts and technology-related misconduct, such as secretly recording others or distributing indecent material. It ensures that the UCMJ remains adaptable to modern challenges like electronic devices and online misconduct.

Key Elements

Indecent exposure

  1. The accused exposed their genitalia, anus, buttocks, or female breast.
  2. The exposure was intentional, wrongful, and indecent.
  3. The exposure occurred in a place where it could reasonably be viewed by others.

Indecent viewing or visual recording

  1. The accused knowingly and wrongfully viewed, photographed, videotaped, or recorded another person’s private area.
  2. The act was without the person’s consent.
  3. The act was indecent and for sexual gratification or abuse.

Distribution

  1. The accused knowingly distributed indecent visual recordings or images.
  2. The distribution was wrongful and without consent.

Scope and Application

Article 120c is broad. It punishes both in-person indecent acts and those committed through technology. It applies worldwide to all service members and covers:

  • Flashing or exposing oneself in public or military housing.
  • Secretly recording another person in showers, locker rooms, or private spaces.
  • Sharing intimate recordings without the subject’s consent.
  • Viewing indecent images of another person without consent or authority.

This provision reflects the military’s need to enforce dignity and privacy, particularly in close-quarters environments such as barracks or deployments.

Punishment

  • Indecent exposure: Bad-conduct discharge, forfeiture of all pay and allowances, confinement up to 1 year.
  • Indecent viewing or recording: Dishonorable discharge, forfeiture of all pay and allowances, confinement up to 5 years.
  • Distribution of indecent recordings: Dishonorable discharge, forfeiture of all pay and allowances, confinement up to 7 years.

Defenses

Possible defenses include:

  • Consent: If the person consented to viewing, recording, or distribution.
  • No indecent intent: If exposure was accidental or not for sexual gratification.
  • Lawful authority: For example, medical exams or official duties with consent.
  • Mistake of fact: The accused reasonably believed they had consent.

Examples

If a soldier exposes themselves intentionally in a barracks hallway, it is indecent exposure. If a Marine secretly records a fellow service member in the shower, it is indecent visual recording. If an airman shares a video of a sexual act without consent, it is wrongful distribution under Article 120c. Conversely, if a doctor performs a lawful medical exam with consent, it is not misconduct.

Conclusion

Article 120c ensures accountability for sexual misconduct that violates privacy, dignity, and respect within the armed forces. By addressing indecent exposure, voyeurism, and unlawful recordings, the article adapts military law to modern issues involving technology and personal privacy. Its enforcement deters inappropriate conduct, protects victims, and maintains trust in the military community.

Frequently Asked Questions

1. What kinds of behavior fall under Article 120c?
Article 120c covers indecent exposure, wrongful viewing of private areas, indecent visual recording, and distribution of such recordings. It was created to address gaps left by Articles 120 and 120b, ensuring that sexual misconduct is comprehensively punished. The scope is wide enough to cover both in-person and technology-based misconduct. Service members must understand that even seemingly minor acts can result in serious consequences.

2. Does Article 120c apply to consensual recording?
If the subject consents to the recording and its distribution, the conduct may not be wrongful. However, if consent is limited and the recording is shared beyond that agreement, the distribution can still be punishable. The military requires clear and ongoing consent, especially regarding intimate material. Any doubt about consent is usually resolved against the accused to protect victims.

3. How is indecent exposure defined in the UCMJ?
Indecent exposure means the intentional, wrongful, and indecent showing of private parts of the body. It must occur in circumstances where it could reasonably be viewed by others, making it more than just private nudity. The exposure must be for sexual gratification, abuse, or humiliation rather than accidental or incidental. This definition ensures that only intentional misconduct is punished.

4. What is the punishment for wrongful distribution of recordings?
Wrongful distribution is one of the most serious forms of misconduct under Article 120c. The maximum punishment includes dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 7 years. This reflects the severe harm caused when intimate images are shared without consent. Courts take into account the impact on the victim’s dignity and career.

5. Can accidental exposure be punished under Article 120c?
Accidental exposure, such as a wardrobe malfunction, is not criminal under this article. The prosecution must prove the act was intentional and wrongful, not the result of accident. If the exposure happened in private without intent for others to see, it is unlikely to be charged. Intentionality is the dividing line between misconduct and innocent incidents.

6. Does Article 120c apply to electronic communications and social media?
Yes, the article explicitly covers visual recordings and their distribution, which includes sharing through text messages, email, or social media. A service member who posts or forwards indecent images without consent can face charges. The military views misuse of technology as especially harmful because of its wide reach. Commanders are directed to treat such cases seriously to protect victims.

7. Is voyeurism covered by Article 120c?
Yes, wrongful viewing of private areas without consent, commonly known as voyeurism, is explicitly covered. This includes looking into showers, locker rooms, or private quarters for sexual gratification. Even without a recording, the wrongful viewing itself is punishable. Voyeurism undermines trust and invades privacy, making it incompatible with military service.

8. Can a service member be charged for keeping recordings but not distributing them?
Yes, wrongful possession or viewing of indecent visual recordings is punishable. Even if the recording is not shared, the act of making or keeping it without consent violates Article 120c. Distribution increases the severity, but possession alone can result in confinement and discharge. This ensures accountability at every level of misconduct.

9. How does Article 120c interact with civilian law?
Service members may face both military prosecution under the UCMJ and civilian charges under state or federal law. For example, revenge-porn statutes often overlap with Article 120c. Double jeopardy does not apply between civilian and military jurisdictions, meaning both can pursue punishment. The military enforces Article 120c to maintain discipline, even if civilian courts are also involved.

10. Why is Article 120c important for the armed forces?
Because it addresses evolving forms of sexual misconduct that can damage victims and disrupt unit cohesion. Privacy violations, indecent exposure, and wrongful recordings create mistrust and harm morale. The article ensures that perpetrators are punished and that military environments remain safe and professional. Its inclusion shows the military’s commitment to adapting law to modern challenges.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 920c, Article 120c
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0152
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Quick, 74 M.J. 517 (2015)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 120c or any other UCMJ provision, you should consult a qualified military attorney.

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