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“Revenge Porn” is now a crime in the military.

What if your ex-boyfriend posts a picture of you naked on Facebook without your permission? It is now a crime in the military. Article 117a, “Wrongful broadcast or distribution of intimate visual images” has been approved and now incorporated into the UCMJ. Article 117a states that:

Any person subject to this chapter who—
(1) knowingly and wrongfully broadcasts or distributes an intimate visual image of a private area of another person who—
(A) is at least 18 years of age at the time the intimate visual image was created;
(B) is identifiable from the image itself or from information displayed in connection with the image; and
(C) does not explicitly consent to the broadcast or distribution of the intimate visual image;
(2) knows or reasonably should have known that the intimate visual image was made under circumstances in which the person depicted in the intimate visual image retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image; and
(3) knows or reasonably should have known that the broadcast or distribution of the intimate visual image is likely—
(A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image; or
(B) to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships, is guilty of wrongful distribution of intimate visual images and shall by punished as a court-martial may direct.

In more simple terms, this article makes it a crime to broadcast or distribute a picture of someone else’s private area if that person did not consent to it, or if that person has a good reason to believe it would be kept private, and if it could cause some type of harm. This article seems to address the exact scenario sometimes referred to as “revenge porn.” Now any military person taking revenge in that manner can be punished under the UCMJ. While this crime might have been punishable under Article 120c, it is now specifically delineated in Article 117a.

If you or a loved one is facing court-martial charges, you need an attorney who is apprised of all the newest decisions in military appellate law. I pride myself on keeping up with new decisions and using those decisions to help my clients. You also need an attorney with experience. A court-martial is one of the biggest events that could happen in your life or the life of your loved one. Make sure you have an attorney that you trust to do the job right. I have the experience you need if you are facing a court-martial or other adverse military action. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

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