NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, 1 year, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, intentionally expose [his (genitalia) (anus) (buttocks)] [her (genitalia) (anus) (buttocks) (areola) (nipple)], in an indecent manner, to wit: ________.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused exposed (his) (her) [(genitalia) (anus) (buttocks) (female areola) (female nipple)];
(2) That such exposure was done in an indecent manner; and
(3) That such exposure was intentional.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Indecent manner” means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.
“Intentional” means willful or on purpose. An act done as the result of a mistake or accident is not done “intentionally.”
NOTE 2: On the issue of whether the exposure was indecent, if raised by the evidence, the Military Judge should give the following instruction, specifically tailored to the evidence in the case:
In determining whether an intentional exposure was indecent, you should consider all the facts and circumstances surrounding the exposure. Specifically, factors you should consider include but are not limited to: (whether the person witnessing the exposure consented to the exposure); (the age of the accused and the person(s) witnessing the exposure); (whether the exposure was made in a public or private setting); (proximity of age between the accused and the alleged victim); (and) (prior relationship between the accused and the alleged victim).
NOTE 3: Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), Instruction 6-5, Partial Mental Responsibility, Instruction 5-15, Evidence Negating Mens Rea, and Instruction 5-21, Voluntary Intoxication, may be appropriate, as bearing on the issue of intent.