Page 628 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10331

____ ,and that said conduct was (to the prejudice of good order and discipline in the armed
forces) (of a nature to bring discredit upon the anned forces) (to the prejudice of good order and
discipline in the armed forces and was of a nature to bring discredit upon the armed forces).

105. Article 134--(Indecent language)
a. Text of statute. See paragraph 91.
b. Elements.
(1) That the accused orally or in writing communicated to another person certain language;
(2) That such language was indecent; and
(3) That, under the circumstances, the conduct ofthe accused was either: (i) to the prejudice of
good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed
forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to
bring discredit upon the armed forces.
[Note: If applicable, add the following additional element:]
( 4) That the person to whom the language was communicated was a child under the age of 16.
c. F;xplanafion. Indecent language is that which is grossly offensive to modesty, decency, or
propriety, or shocks the moral sense, because of its vulgar, filthy, or disgusting nature, or its
tendency to incite lustful thought. Language is indecent if it tends reasonably to corrupt morals or
incite libidinous thoughts. The language must violate community standards. See paragraph 62 if
the communication was made in the physical presence of a child.
d. Maximum punishment.
(1) Communicated to ar~v child under the age l?{ 16 years. Dishonorable discharge, forfeiture
of all pay and allowances, and confinement for 2 years.
(2) Other cases. Bad-conduct discharge; forfeiture of all pay and allowances, and confinement
for 6 months.
e. Sample .~pecijication.
In that (personal jurisdiction data), did (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _,(orally) (in writing) communicate
to , (a child under the age of 16 years), certain indecent language, to wit: ------'
and that such conduct was (to the prejudice of good order and discipline in the armed forces) (of a
nature to bring discredit upon the anned forces) (to the prejudice of good order and discipline in
the anned forces and of a nature to bring discredit upon the anned forces).

106. Article 134--(Pandering and prostitution)
a. Text of statute. See paragraph 91.
b. Elements.
(1) Prostitution.
(a) That the accused engaged in a sexual act w-ith another person not the accused's spouse;
(b) That the accused did so for the purpose of receiving money or other compensation;
(c) That this act was wrongful; and
(d) That, under the circumstances, the conduct of the accused was either: (i) to the
prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit
upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces
and of a nature to bring discredit upon the armed forces.
(2) Patronizing a prostitute.
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(a) That the accused engaged in a sexual act with another person not the accused's spouse;

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