Topic Creator

Mark Hines

What Military Members Past & Present Need to Know About Posting Nude Photos

Over the years the internet has changed and so has the laws that govern posting and sharing nudity, especially for military members and Veterans. We've done our research and felt it important to share this information with our users who may not be fully aware of these new laws and changes. Civilians and military members fall under completely different laws when it comes to this.
 

10 U.S.C. 920C - ART. 120C. OTHER SEXUAL MISCONDUCT SAYS:

§ 920c. Art. 120c. Other sexual misconduct (a) INDECENT VIEWING, VISUAL RECORDING, OR BROADCASTING.—Any person subject to this chapter who, without legal justification or lawful authorization— (1) knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy; (2) knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy; or (3) knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs (1) and (2); is guilty of an offense under this section and shall be punished as a court-martial may direct. (b) FORCIBLE PANDERING.—Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct. (c) INDECENT EXPOSURE.—Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall by punished as a court-martial may direct. DEFINITIONS.—In this section: (1) ACT OF PROSTITUTION.—The term ‘‘act of prostitution’’ means a sexual act or sexual contact (as defined in section 920(g) of this title (article 120(g))) on account of which anything of value is given to, or received by, any person. (2) PRIVATE AREA.—The term ‘‘private area’’ means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple. (3) REASONABLE EXPECTATION OF PRIVACY.— The term ‘‘under circumstances in which that other person has a reasonable expectation of privacy’’ means— (A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured; or (B) circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public. (4) BROADCAST.—The term ‘‘broadcast’’ means to electronically transmit a visual image with the intent that it be viewed by a person or persons. (5) DISTRIBUTE.—The term ‘‘distribute’’ means delivering to the actual or constructive possession of another, including transmission by electronic means. (6) INDECENT MANNER.—The term ‘‘indecent manner’’ means conduct that amounts 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. (Added Pub. L. 112–81, div. A, title V, §541(c), Dec. 31, 2011, 125 Stat. 1409.)
 
ALSO:
 

Passed House without amendment (05/24/2017)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Protecting the Rights of Individuals Against Technological Exploitation Act or the PRIVATE Act

(Sec. 2) This bill amends the Uniform Code of Military Justice to prohibit a person from knowingly and wrongfully broadcasting or distributing an intimate visual image of a private area of another individual who is at least 18 years old, who is identifiable from the image or from information displayed in connection with the image, and who does not explicitly consent, if the person knows or reasonably should have known that:

  • the image was made under circumstances in which the individual depicted retained a reasonable expectation of privacy regarding any broadcast or distribution of such image; and
  • the broadcast or distribution of the intimate visual image is likely to cause harm, harassment, intimidation, emotional distress, or financial loss for the individual depicted or to harm substantially the depicted individual's health, safety, business, calling, career, financial condition, reputation, or personal relationships.

The perpetrator of such offense is guilty of wrongful distribution of intimate visual images and shall by punished as a court-martial may direct.

-----------------------------------------------------------------------

WASHINGTON — Have you ever heard a retired Soldier say, “They can’t touch me now; I’ve retired.”? Fortunately, for the sake of military justice, this is not true when it comes to retired Soldiers who violated the Uniform Code of Military Justice (UCMJ) while they were on active duty or in a retired status. 

Under Article 2 of the UCMJ, the Army maintains court-martial jurisdiction over retired personnel. Army Regulation 27-10, Military Justice, states “Retired members of a regular component of the Armed Forces who are entitled to pay are subject to the provisions of the UCMJ . . . and may be tried by court-martial for violations of the UCMJ that occurred while they were on active duty or while in a retired status.” Department of the Army policy, however, does limit these trials to cases where extraordinary circumstances are present. The Army normally declines to prosecute retired Soldiers unless their crimes have clear ties to the military, or are clearly service discrediting. If necessary to facilitate courts-martial action, retired Soldiers may be ordered to active duty.

The regulation adds that “Retired Reserve Component Soldiers are subject to recall to active duty for the investigation of UCMJ offenses they are alleged to have committed while in a Title 10 duty status, for trial by court-martial, or for proceedings under UCMJ, Article 15.” Forfeitures imposed under the UCMJ, Article 15 may even be applied against a Soldier’s retired pay

Posted in General News on November 20 at 05:51 PM

Comments (0)

No login