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Posting private nude photos is now a crime in the Navy and Marine Corps
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It is characterized as interim until the next edition of Navy regulations is printed. The changes were made public Tuesday in an all-Navy message, a move that some experts think will be hard-pressed to defend in court. Changing Navy regulations is a bit of an end-around for making changes to the Uniform Code of Military Justice, which would require an act of Congress. In this case, detailing expectations of Department of the Navy personnel amounts to a lawful order, which can be enforced with the full weight of the justice system, from non-judicial punishment to general court martial.
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Sailors and Marines who run afoul of the new regs could be charged with an Article 92, failure to obey ln lawful order, the Navy's chief spokesperson confirmed in a statement. Dawn Cutler in statement Wednesday evening. Each case of alleged misconduct will be evaluated on its own facts and circumstances. That language is a clear reaction to the photo-swapping that was going on in the Marines Departmetn Facebook page, as well as on other message boards throughout seedy corners of the internet. Pending formal amendment to reference athis interim change adds a new article, Article to reference a. Article of reference a is added to read as follows: However, since no bright line rule or prohibition exists, leaders should seek the advice of their servicing Judge Advocate and need to be advised of their legal options before they do so.
In days, she'll go to her next high-profile modeling gig, with People for the Ethical Treatment of Animals. The Uniform Code of Military Justice UCMJ does not specifically forbid posing naked for public photographs, although the conduct may meet the elements of indecent exposure. There is no possible way to legislate every single thing that will undermine good order and discipline, or discredit the military. Several of the photos were printed in the Sunday edition of the New York Daily News which resulted in an investigation and disciplinary action.
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Soldiers Dfense in Web Porn Case: EST, available at http: V, [paragraph] 1-c [hereinafter MCM]. If the act of indecent exposure occurred before 1 Octoberthe offense must be charged under the former edition of UCMJ art. See MCM, supra note 18, App. If the act occurred after 1 Octoberthe appropriate charge would be pursuant to the new UCMJ art. The explanation section states that "indecent" generally signifies that form of immorality relating to sexual impurity that is not only grossly vulgar, obscene, and repugnant to common propriety, but also tends to excite lust and deprave morals with respect to sexual relations.
See United States v. Green admitted to being married and committing adultery and the judge asked him if he thought his bad behavior would be prejudicial to the good order and discipline or service discrediting, but the Soldier did not understand the definition of service discrediting. The court found his conduct was prejudicial to good order and discipline, but since other Soldiers rather than civilians witnessed Green and his mistress go into the barracks it would not constitute service discrediting misconduct because it would not have the tendency to lower the esteem, etc.
Green, and holding that the only requirement is for there to be "a tendency to discredit the service. Green, and establishing that the public need not be aware of the misconduct because the an offense which is against the law tends to discredit the service.
The government charged Nygren with underage drinking and the court determined that since a statute criminalizes the conduct nnude is service discrediting. Note that "gentleman" includes both male and female commissioned officers, degense and midshipmen. The JER requires those Department of Defense DoD employees who are required to file a financial disclosure report to obtain written approval before engaging in a business activity or accepting compensation for outside employment with a prohibited source. This requirement only applies to officers in the rank of O-7 or above because they are the only servicemembers who are required to file the financial disclosure statement.