Article 120a : Mails — Depositing Obscene Matter
- Offense family
- Property, Damage, Destruction, and Mail Offenses
- Maximum confinement
- 3 years
- Sentencing parameter
- Category 2
Article 120a of the UCMJ (10 U.S.C. § 920a) punishes wrongfully and knowingly depositing obscene matter for mailing and delivery.
Who It Applies To
Any person subject to the UCMJ who, wrongfully and knowingly, deposits obscene matter for mailing and delivery.
What It Covers
- The accused deposited, or caused to be deposited, certain matter in the mails for mailing and delivery.
- The act was done wrongfully and knowingly.
- The matter was obscene.
Key rules
- Whether matter is obscene is a question of fact. “Obscene” is synonymous with “indecent” as defined in the Manual: the matter must violate community standards of decency or obscenity and go beyond customary limits of expression.
- “Knowingly” means the accused deposited the material with knowledge of its nature. Doing so is wrongful if done without legal justification or authorization.
Maximum Punishment
Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
Sentencing parameters. Category 2 (1–36 months).
The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.
Related and Distinguished
Article 120a addresses the content deposited in the mail. Taking, opening, secreting, destroying, or stealing mail before delivery is addressed by Article 109a, and communicating indecent language by a separate Article 134 offense.
What the Provision Does
Article 120a applies a specific prohibition on using the mail to send obscene matter to every person subject to the UCMJ.
History
Article 120a was added to the UCMJ in its current form by the Military Justice Act of 2016 (Pub. L. 114-328, § 5431), effective January 1, 2019. Before then, depositing obscene matter in the mail was charged as an enumerated offense under Article 134. The Article 120a designation previously belonged to stalking, which is now Article 130.
Sources
- 10 U.S.C. § 920a (Article 120a, UCMJ)
- Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 61
- Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C