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SPECIAL COURTS-MARTIAL CASES INVOLVING INTIMATE IMAGES TO DATE March / 13 / 2018

Task Force Purple Harbor, a joint NCIS-led Task Force, stood up immediately following Marines United during March 2017, has identified six special courts-martial which have adjudicated cases related to the actual, attempted, or threatened nonconsensual distribution of intimate images. Of note, three of the cases summarized below occurred prior to the substantial measures undertaken by the Commandant of the Marine Corps since March 2017. These cases encompass different types of misconduct addressed under or through the UCMJ and are summarized below. Each case is evaluated independently, based on the unique facts and circumstances of that individual case.

 

1.    On 2 May 2017, a Marine Lance Corporal (LCpl) (E-3) was convicted at a SPCM of the following violations of the United States Code: 18 USC 2261A(2)(b) (wrongful use of an interstate communication system to engage in posting images of victim's private area and personal information in such a manner that caused or could have been expected to have caused substantial emotional distress). Charges were preferred on 18 October 2016. The charged misconduct occurred in November 2015. The accused pled guilty and was sentenced to a Bad Conduct Discharge, twelve (12) months of confinement, forfeiture of 2/3 pay for 3 months, a fine of $5,000.00, and reduction in grade to Private (E-1).

 

2.    On 10 August 2017, a Marine LCpl (E-3) was convicted at a SPCM of the following violations of the Uniform Code of Military Justice (UCMJ): Article 108 (destroying military identification and door key cards, which were military property); Article 109 (destroying the personal property of another); Article 121 (wrongful appropriation of car keys); Article 127 (extortion by threatening to distribute sexually explicit photographs and videos of victim unless he obtained something of value); and Article 128 (assault consummated by a battery). The charged misconduct occurred in April 2017. Charges were preferred 20 April 2017, and referred for trial by SPCM on 25 April 2017. This contested case was tried before officer and enlisted members. The accused was sentenced to a Bad Conduct Discharge and reduction in grade to Private (E-1).

 

3.    On 11 September 2017, a Marine LCpl (E-3) was convicted at SPCM of the following violations of the UCMJ: Article 80 (attempted wrongful viewing of a victim's private area without consent of the victim, and attempted obstruction of justice); Article 107 (false official statement); and Article 128 (assault consummated by a battery). The charged misconduct occurred between November 2016 and July 2017. The accused pled guilty and was sentenced to a Bad Conduct Discharge, twelve (12) months confinement, and reduction in grade to Private (E-1).  Forfeiture of pay was automatic by operation of law.

 

4.    On 26 September 2017, a Marine Sergeant (Sgt) (E-5) was convicted at a SPCM of the following violations of the UCMJ: Article 80 (attempted broadcasting of a video of the victim's private area); and Article 81 (conspiracy to distribute a recording of the victim’s private area). The charged misconduct occurred in April 2016. Charges were preferred on 20 April 2017. The accused pled guilty and was sentenced to a Bad Conduct Discharge, ninety (90) days confinement, and reduction in grade to Private (E-1).  Forfeiture of pay was automatic by operation of law.

 

5.    On 27 September 2017, a Marine Sgt (E-5) was convicted at a SPCM of the following violations of the UCMJ: Article 81 (conspiracy to broadcast a recording of the victim's private area in violation of Article 120c); and Article 80 (attempted broadcasting of the victim's private area in violation of Article 120c).  The charged misconduct occurred in April 2016. Charges were preferred 20 April 2017.  The accused pled guilty before a military judge, and was sentenced to a Bad Conduct Discharge, nine (9) months confinement, and reduction to Private (E-1).  Forfeiture of pay was automatic by operation of law.

 

6.    On 31 January 2018, a Marine LCpl (E-3) was convicted at a SPCM of violating Article 120c of the UCMJ, to wit:  filming and broadcast a recording of the victim's private area.  The charged misconduct occurred in June 2017. Charges were preferred 27 November 2017.  The accused pled guilty before a military judge, and was sentenced to a Bad Conduct Discharge, thirty (30) days confinement, and reduction to Private (E-1).  Forfeiture of pay was automatic by operation of law.



Headquarters Marine Corps Captain Ryan Alvis
3000 MARINE CORPS PENTAGONWASHINGTON DC 0020350

Phone: 7036144309
ryan.alvis@usmc.mil