From U.S. v. Rocha, decided Friday by the U.S. Air Force Court of Criminal Appeals, in an opinion by Judge Natalie Richardson, joined by Judge Eric Cadotte:
A general court-martial … convicted Appellant … of … indecent conduct—engaging in sexual acts with a sex doll with the physical characteristics of a female child—in violation of Article 134, Uniform Code of Military Justice (UCMJ)…. The military judge sentenced Appellant to a bad-conduct discharge, 90 days of confinement, forfeiture of all pay and allowances, and reduction to the grade of E-1….
Appellant raises several assignments of error, asserting: (1) private masturbation with a doll is constitutionally protected conduct; (2) Appellant did not have fair notice that private masturbation with a doll was subject to criminal sanction; (3) [and various procedural objections] ….. Because we find in Appellant's favor on issue (2), we do not address the remaining issues….
"[A]ll disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital" are punishable at trial by court-martial. Article 134, UCMJ, 10 U.S.C. § 934…. "'Discredit' means to injure the reputation of." The service-discrediting clause of "Article 134 makes punishable conduct which has a tendency to bring the service into disrepute or which tends to lower it in public esteem." …
[The elements] of Indecent Conduct under Article 134 … include: (1) the accused engaged in certain conduct, (2) the conduct was indecent, and (3) that, under the circumstances, the conduct was of a nature to bring discredit upon the armed forces. "'Indecent' means that 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."
