UCMJ Article 120c: Other Sexual Misconduct
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Article 120c covers five offenses that involve no sexual act or contact by the accused on the victim: indecent viewing, indecent recording, broadcasting or distributing an indecent recording, forcible pandering, and indecent exposure. Their maximums range from 1 year of confinement for viewing or exposure to 20 years for forcible pandering, which is the most serious offense in the article.
The five offenses
| Offense | Statute | What must be shown |
|---|---|---|
| Indecent viewing | § 920c(a)(1) | Knowingly and wrongfully viewing another person's private area, without consent, where that person has a reasonable expectation of privacy |
| Indecent recording | § 920c(a)(2) | Knowingly photographing, filming, or recording by any means another person's private area, without consent, where that person has a reasonable expectation of privacy |
| Broadcasting or distributing an indecent recording | § 920c(a)(3) | Knowingly broadcasting or distributing such a recording that the accused knew or reasonably should have known was made under the circumstances in (a)(1) and (a)(2) |
| Forcible pandering | § 920c(b) | Compelling another person to engage in an act of prostitution with any person |
| Indecent exposure | § 920c(c) | Intentionally exposing, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple |
Source: 10 U.S.C. § 920c. Each subsection (a) offense also requires that the accused acted “without legal justification or lawful authorization.”
The definitions that decide the case
Section 920c(d) supplies the terms:
- Private area: “the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.”
- Reasonable expectation of privacy: circumstances in which a reasonable person would believe that he or she could disrobe in privacy without concern that an image of a private area was being captured, or that a private area would not be visible to the public. The test is what a reasonable person would believe, not what the person depicted happened to assume.
- Broadcast: electronically transmitting a visual image with the intent that it be viewed by a person or persons.
- Distribute: delivering to the actual or constructive possession of another, including by electronic transmission.
- Act of prostitution: a sexual act or sexual contact, as defined in Article 120, on account of which anything of value is given to or received by any person.
- Indecent manner: conduct amounting 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.”
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 63.c(2), adds that a recording is “a still or moving visual image captured or recorded by any means.”
Distribution depends on how the recording was made
The broadcasting and distribution offenses are tied to recordings made without consent. The Manual’s elements for distribution (¶ 63.b(4)) require that the recording “was made without the other person’s consent,” that it was made where the person had a reasonable expectation of privacy, and that the accused knew or reasonably should have known both facts. Broadcasting has the same structure (¶ 63.b(3)).
That limits the offense in a way that matters to anyone reading about a shared image. An image the depicted person agreed to have taken, later shared without permission, does not meet those elements. That conduct is addressed by a different statute, Article 117a, wrongful broadcast or distribution of intimate visual images, which looks at whether the depicted adult explicitly consented to the broadcast or distribution itself and requires a reasonably direct and palpable connection to a military mission or environment.
From 1 year to 20 years
Every offense in ¶ 63.d carries a dishonorable discharge and forfeiture of all pay and allowances. Confinement:
| Offense | Maximum confinement |
|---|---|
| Indecent viewing | 1 year |
| Indecent recording | 5 years |
| Broadcasting or distribution of an indecent recording | 7 years |
| Forcible pandering | 20 years |
| Indecent exposure | 1 year |
Special trial counsel and time limits
Article 120c is a covered offense under 10 U.S.C. § 801(17)(A). Under 10 U.S.C. § 824a(c), a special trial counsel holds exclusive power over an Article 120c case arising after December 27, 2023: deciding that it is covered, then referring it, dismissing it, or resolving it by plea agreement.
The ordinary five-year limitation in 10 U.S.C. § 843(b)(1) applies to Article 120c charges unless a longer period applies. When the offense involves abuse of a person under 16, it is a “child abuse offense” under § 843(b)(2), and charges may be brought during the life of the child or within 10 years after the offense, whichever is longer.
Adult offenses, child offenses, and Article 134
A sexual act or contact with an adult falls under Article 120. Offenses against children, including sexual abuse of a child by indecent exposure or communication, are charged under Article 120b. Pandering and prostitution that do not involve compulsion are enumerated Article 134 offenses rather than forcible pandering.
Sources
- 10 U.S.C. § 920c, Article 120c, Other sexual misconduct (Cornell LII)
- 10 U.S.C. § 917a, Article 117a, Wrongful broadcast or distribution of intimate visual images (Cornell LII)
- 10 U.S.C. § 801, Article 1, Definitions, paragraph (17) (Cornell LII)
- 10 U.S.C. § 843, Article 43, Statute of limitations (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 63
General information about military law, not legal advice for any individual case.