Miscellaneous

What is Article 120 in the military?

What is Article 120 in the military?

Article 120 is the military statute which defines rape, aggravated sexual assault, aggravated sexual contact, and abusive sexual contact. These offenses include different types of unlawful, forced sexual activities on another person. Charges related to sexual misconduct involving a minor fall under Article 120b.

What is Article 120b of the UCMJ?

Art. 120b. Rape and sexual assault of a child (Effective 180 days after enactment) (a) Rape of a Child. Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.

What is indecent recording?

Indecent recording That the accused knowingly recorded the private area of another person; That said recording was without the other person’s consent; and. That said recording was made under circumstances in which the other person had a reasonable expectation of privacy.

What is Article 115 of the UCMJ?

Under the Article 115 of the UCMJ, an service member who feigns illness, injury, a head ache, a sore back, mental derangement or mental lapse, or intentionally injures himself or herself for avoiding his or her duties as an aircraft mechanic, a duty officer for the day, or an enlisted personnel during a specified …

What is Article 93 of the UCMJ?

(Article 93, UCMJ, proscribes cruelty toward, or oppression or maltreatment of, any person subject to an accused’s orders; and the elements of this general intent offense are: (1) that a certain person was subject to the orders of the accused; and (2) that the accused was cruel toward, or oppressed, or maltreated that …

What is Article 134 of the UCMJ?

UCMJ Article 134 may be charged, if the offense amounts to a social relationship between an officer and an enlisted person and violates good order and discipline. The conduct may be in violation of a regulation or order and charged under UCMJ Article 92.

What is Article 113 of the UCMJ?

Understanding Article 113 (Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel) of the UCMJ. It is operating or physically controlling a vehicle, vessel, or aircraft with such a high degree of negligence that if death were caused, the accused would have committed involuntary manslaughter, at least.

What is Article 86 of the UCMJ?

Any failure by a member of the United States Armed Forces to appear before his unit, organization, or place of duty at the prescribed time and without authority will be subject to Article 86 of the UCMJ: Absence without Leave.

What is Article 95 of the UCMJ?

What is Article 95 of the UCMJ? Any service member employed by the United States who resists a legally authorized apprehension or escapes from post-trial custody or confinement may face charges under Article 95 of the UCMJ.

What is Article 90 of the UCMJ?

Article 90 Definitions for UCMJ Article 90 defines disobeying an order as including four elements: The officer in question issued a lawful order to the accused. The accused was cognizant of the superior officer’s rank. The accused willfully disobeyed the officer’s lawful command.

What is Article 133 of the UCMJ?

“The gravamen of Article 133, UCMJ, is ‘[a]n officer’s conduct that disgraces him personally or brings dishonor to the military profession or affects his fitness to command the obedience of his subordinates so as to successfully complete the military mission.

What is Article 5 of the UCMJ?

A POW must resist, avoid, or evade, even when physically and mentally coerced, all enemy efforts to secure statements or actions that may further the enemy’s cause.

What does Article 120c of the UCMJ mean?

Article 120c, UCMJ Other Sexual Misconduct includes Indecent Viewing, Visual Recording, or Broadcasting sexual or private area images of others without their consent. The military is increasingly charging military service members with this new article of the UCMJ after finding evidence on personal electronic devices like phones and computers.

What is the punishment for indecent exposure in the military?

Indecent viewing and indecent exposure – Forfeiture of all pay and allowances, confinement for 1 year, and a dismissal or dishonorable discharge. Understanding Article 120c of the UCMJ?

What is the text of Article 120c other sexual misconduct?

Article 120c Other Sexual Misconduct includes the indecent viewing, recording or broadcasting of a person’s private parts without consent among other sexual misconduct elements. Text of Article 120c Other sexual misconduct.

What is the Uniform Code of Military Justice?

UNIFORM CODE OF MILITARY JUSTICE Subchapter X. PUNITIVE ARTICLES Section 920. Art. 120. Rape and sexual assault generally 10 U.S. Code § 920 – Art. 120. Rape and sexual assault generally U.S. Code Notes prev| next (a)Rape.— Any person subject to this chapter who commits a sexual actupon another person by— (1)