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UCMJ Article 120a: Mails: Deposit of Obscene Matter
According to the Manual for Courts-Martial, any service member may be convicted of violating Article 120a if they wrongfully and knowingly deposit obscene matter for mailing and delivery.
To be prosecuted, it must be demonstrated:
the accused deposited or caused to be deposited in the mails specific matter for mailing and delivery;
the act was done wrongfully and knowingly; and
the matter was obscene.
Understanding Article 120a (Mails: Deposit of Obscene Matter) of the UCMJ
Whether something is obscene is a question of fact, and, for this article, nasty is synonymous with indecent. The matter must violate community standards of decency or obscenity and must go beyond customary limits of expression. Knowingly means the accused deposited the material with knowledge of its nature. Consciously, depositing obscene matter in the mail is wrongful if it is done without legal justification or authorization.
Maximum Possible Punishment for Violations of Article 120a
Service members convicted of violating Article 120a face the maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years.
How do you defend against Article 120a Mails: Deposit of Obscene Matter charges?
When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.
If you, or someone you know, is facing Article 120a charges for Mails: Deposit of Obscene Matter, you need to speak with a Military defense attorney immediately. We understand what is at risk, and we know how to protect your career, your freedom, and your future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.