§ Article 120c : Other Sexual Misconduct

Article 120c of the UCMJ (10 U.S.C. § 920c) covers sexual misconduct that does not involve a sexual act or sexual contact as defined in Article 120: indecent viewing, indecent visual recording, broadcasting or distributing such a recording, forcible pandering, and indecent exposure.

Who It Applies To

Any person subject to the UCMJ who, without legal justification or lawful authorization, knowingly and wrongfully views, or knowingly records, the private area of another person without that person’s consent and under circumstances in which that person has a reasonable expectation of privacy; or knowingly broadcasts or distributes such a recording that the accused knew or reasonably should have known was made under those circumstances. The article also reaches any person subject to the UCMJ who compels another person to engage in an act of prostitution with any person, or who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple.

What It Covers

Indecent viewing

1. Without legal justification or lawful authorization, the accused knowingly and wrongfully viewed the private area of another person.
2. The viewing was without the other person’s consent.
3. It took place under circumstances in which the other person had a reasonable expectation of privacy.

Indecent recording

1. Without legal justification or lawful authorization, the accused knowingly recorded (photographed, videotaped, filmed, or recorded by any means) the private area of another person.
2. The recording was without the other person’s consent.
3. It was made under circumstances in which the other person had a reasonable expectation of privacy.

Broadcasting or distributing an indecent recording

1. Without legal justification or lawful authorization, the accused knowingly broadcast or distributed a certain recording of another person’s private area.
2. The recording was made without the other person’s consent, and the accused knew or reasonably should have known that.
3. The recording was made under circumstances in which the other person had a reasonable expectation of privacy, and the accused knew or reasonably should have known that.

Forcible pandering

1. The accused compelled another person to engage in an act of prostitution with any person.

Indecent exposure

1. The accused exposed the accused’s genitalia, anus, buttocks, or female areola or nipple.
2. The exposure was in an indecent manner.
3. The exposure was intentional.

Statutory definitions

• 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 they could disrobe in privacy without concern that an image of a private area was being captured, or would believe a private area would not be visible to the public.
• Broadcast — to electronically transmit a visual image with the intent that it be viewed by a person or persons. Distribute — to deliver to the actual or constructive possession of another, including by electronic means. A recording is a still or moving visual image captured or recorded by any means.
• Act of prostitution — a sexual act or sexual contact, as defined in Article 120(g), on account of which anything of value is given to, or received by, any person.
• Indecent manner — conduct that amounts to a form of immorality relating to sexual impurity that is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

Maximum Punishment

Maximum authorized punishment. Each offense carries a dishonorable discharge and forfeiture of all pay and allowances, with confinement as follows:

• Indecent viewing: 1 year.
• Indecent recording: 5 years.
• Broadcasting or distributing an indecent recording: 7 years.
• Forcible pandering: 20 years.
• Indecent exposure: 1 year.

Sentencing parameters. Indecent viewing and indecent exposure, Category 1 (0–12 months). Indecent recording and broadcasting or distributing an indecent recording, Category 2 (1–36 months). Forcible pandering, Category 3 (30–120 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 120c does not require a sexual act or sexual contact, which distinguishes it from Article 120 and Article 120b. Distributing an intimate image that was not necessarily recorded without consent is addressed by Article 117a. Non-forcible prostitution and pandering are addressed by the Article 134 offense, and indecent conduct generally by the Article 134 indecent conduct offense.

What the Provision Does

Article 120c addresses privacy violations, compelled prostitution, and indecent exposure — conduct that falls outside the sexual-act and sexual-contact definitions that govern Articles 120 and 120b.

History

Article 120c was added to the UCMJ by Pub. L. 112-81, § 541 (enacted December 31, 2011), effective June 28, 2012, when these offenses were separated from Article 120.

Sources

• 10 U.S.C. § 920c (Article 120c, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 63
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C