1. That the accused committed a certain wrongful act with a certain person;
2. That the act was indecent; and
3. That, under the circumstances, the conduct of the accused was to the prejudice of good
order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
As with indecent acts or liberties with a child, the offense of indecent acts with another is not limited
to situations involving a female victim. In United States v. Annal, 32 CMR 427 (CMR 1963). This
crime was committed when an Army captain forcefully grabbed another male and tried to embrace him.
In a more blatant case, an officer was convicted of committing an indecent act after he grabbed certain
parts of the anatomy of another male officer. United States v. Holland, 31 CMR 30 (CMA 1961).
Also, unlike the offense of indecent acts or liberties with a child, the offense of indecent acts with
another requires no specific intent. Rather than requiring that the accused act in order to satisfy sexual
urges, this offense attaches criminal liability solely on the fact that the act committed is considered
indecent and is prejudicial to good order and discipline in the military or is likely to bring discredit upon
the armed forces. The fact that the victim consented to an indecent act is irrelevant as long as the
elements of the offense are met. United States v. Carsiro, 14 MJ 954 (ACMR 1982).
Considering the above, consensual intercourse in the presence of others can constitute an indecent
act. United States v. Brundidge, 17 MJ 586 (ACMR 1983). In affirming the appellant's conviction, the
Army Court of Military Review found criminal liability based upon the fact that sexual intercourse
before an audience excites lust and depraves morality with respect to persons of average sensibilities and
habits. Such activity is prejudice to good order and discipline.
G. Indecent Exposure, (Article 134, UCMJ, para 88). This offense requires a willful and
wrongful exposure of a certain part of the accused's body to public view in an indecent manner. As this
offense falls under Article 134, there is also the necessary element that the exposure be to the prejudice
of good order and discipline in the armed forces or be of a nature to bring discredit upon the armed
forces.
QUESTION: CAN NEGLIGENT EXPOSURE BE "INDECENT EXPOSURE?"
ANSWER: NO. "WILLFUL" MEANS AN INTENTIONAL EXPOSURE TO PUBLIC VIEW.
THEREFORE, NEGLIGENT INDECENT EXPOSURE IS NOT PUNISHABLE AS A VIOLATION
OF THE CODE. PART IV, MCM 1984, PARA 88(c).
"Indecent" signifies that form of immorality relating to sexual impurity which is not only
grossly vulgar, obscene, and repugnant to common propriety but tends to excite lust and deprave the
morals with respect to sexual relations. Part IV, MCM 1984, para 90(c).
MP1019
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