ACN 005/18 - JAN 2018 NEW UCMJ ARTICLE TARGETS REVENGE PORN

united states coast guard

R 101344 JAN 18
FM COMDT COGARD WASHINGTON DC//CG-094//
TO ALCOAST
UNCLAS //N05810//
ACN 005/17
SUBJ:  NEW UCMJ ARTICLE TARGETS REVENGE PORN
A. Article 117a, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 917a
B. Manual for Courts-Martial, United States (2016)
1. A new UCMJ provision contained in the National Defense Authorization
Act of Fiscal Year 2018 criminalizes conduct often referred to as “revenge
porn.” Reference A is the new law and it generally criminalizes knowingly
and wrongfully broadcasting or distributing an intimate visual image of
another person or a visual image of sexually explicit conduct, when the
person depicted does not explicitly consent to the broadcast or
distribution, and the person who distributed or broadcast the image knew
or should have known that the broadcast or distribution was likely to
cause harm. Although the intent of the new law is to criminalize revenge
porn, the full scope of the UCMJ provision section is broader.  The full
text of the statute may be found in Public Law 115-91, Section 533, which
is available at www.congress.gov. A reproduction can also be found on the
COMDT (CG-LMJ) Portal Page at http://cglink.uscg.mil/117a. The full text
of the statute contains definitions and further information that are
helpful to understanding the scope of the conduct prohibited. Members are
also encouraged to contact their servicing legal office, or the contacts
provided in paragraph 3, with questions.
2. Reference A is applicable to conduct committed after December 12, 2017.
The President has not yet issued materials in Part IV of Reference B
(Punitive Articles) for Article 117a.
3. Questions about Article 117a may be addressed to the Office of Military
Justice, CG-LMJ, at HQS-DG-LST-CG-LMJ@uscg.mil. However, questions about a
member’s own personal conduct should be addressed to the Office of Member
Advocacy & Legal Assistance, HQS-DG-LST-CG-LMA-D@uscg.mil.
4. Released by RDML S. J. Andersen, Judge Advocate General, United States
Coast Guard.
5. Internet Release Authorized.