AFMentor | Bookmark | Search | Mail Page | Comment


PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Mails: Depositing Or Causing To Be Deposited Obscene Matters In

Source: Internal (UCMJ) or external at constitution.org

The UCMJ is the derived source of this information.  The information below is for illustration and educational purposes only and may not reflect the most recent changes.  Please refer to your Legal Office or Area Defense Counsel for legal advice.

Text.

See Paragraph 60 (Article 134 - General Article).

Elements.

(1) That the accused deposited or caused to be deposited in the mails certain matter for mailing and delivery;

(2) That the act was done wrongfully and knowingly;

(3) That the matter was obscene; and

(4) 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.

Explanation. Whether something is obscene is a question of fact. “Obscene” is synonymous with “indecent” as the latter is defined in paragraph 89c. The matter must violate community standards of decency or obscenity and must go beyond customary limits of expression. “Knowingly” means the accused de-posited the material with knowledge of its nature.

Lesser included offenses. Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.







Click here to submit your information.
Send a Comment and/or Suggestion

 
Page added on: 13 Jul 2007
All rights reserved. View Terms and Conditions of Use.
Revised: 10/21/09.