117a UCMJ is Revenge Porn Article Which Not Allowed to Broadcast Personal Visual Images

Article 117a of the UCMJ, also known as the "revenge porn" article, makes it illegal to broadcast or distribute personal visual images without permission. In reaction to the "Marines United" crisis in 2017, wherein military personnel shared nude photos of female service members and civilians on Facebook, Article 117a UCMJ was codified. A sexually explicit act involving another person or an intimate visual image of another person was broadcast or transmitted by the accused intentionally and wrongfully.

The accused was aware or ought to have known that the intimate visual image was created in a situation where the subject of the intimate visual image maintained a reasonable expectation of privacy with regard to its broadcast or distribution. A "visual image that shows the private area of the individual" is what Article 117a refers to as an "intimate visual image." The "naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple" are considered to be in the "private area."

Sexually explicit conduct," according to Article 117a, is broadly defined as actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same sex or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse." An article 117a allegation may be defended against in a variety of ways. In order to prove that the accused "knowingly and unjustly broadcast or circulated" the photograph under Article 117a, there must be proof of particular intent. To cast reasonable doubt on the existence of actual knowledge and particular intent, evidence of any level of voluntary intoxication—whether caused by drugs or alcohol—may be admitted into evidence.

If the person is not identifiable, explicitly consented to the broadcast or distribution of the image, or if the accused did not know or reasonably should have known that the person had a reasonable expectation of privacy regarding any broadcast or distribution of the image. All violations of good order and discipline in the armed forces, including those not specifically mentioned in this chapter, 134 UCMJ conduct that harms the military, crimes and non-capital offences that people covered by this chapter may commit, shall be investigated by a general, special, or summary court-martial, depending on the nature and severity of the offence, and shall result in punishment at the discretion of the court.