Indecent Act & Indecent Exposure

courtmartialattorneysarmydefenselawyers122720824Indecent Act MCM 45b(11)

An Indecent Act is a “form of immorality related to sexual purity which is grossly vulgar, obscene, and repugnant to common propriety and tends to excite sexual desire or deprave morals with respect to sexual relations. MCM 45a(t)(11).

It is further defined as observing or making any visual material (such as a video tape) without the victim’s consent and contrary to their reasonable expectations of privacy where the depiction is of the victim’s intimate bodily parts of the victim while the victim is engaged in a sexual act, sodomy or sexual contact.

Indecent Exposure MCM 45b(14)

Indecent exposure consists of the accused

  • exposing his or her genitalia, anus, buttocks or female breast
  • and the exposure was in an indecent manner
  • and it occurred where people other than family were likely to see it
  • and the exposure was intentional

This is thus a specific intent crime. “Indecent manner” is not separately defined; the closest parallel is the definition of “indecent act.”