Article 117 A: Wrongful Broadcast
Recently, a law was passed concerning the distribution of intimate, visual images. Known as wrongful broadcast, this offense is very serious if levied against a member of the armed forces.
Wrongful Broadcast Defined
Under Article 117A of the Uniform Code of Military Justice (UCMJ), there are several elements that comprise a wrongful broadcast charge. It is important to understand what it is and how these elements could affect you and your case.
This charge concerns any military member who knowingly and wrongfully broadcasts or distributes an intimate visual image of another person, or sexually explicit conduct involving a person who is:
- At least 18 years old at the time the image was created
- Is identifiable either from the image itself or from information displayed in connection with the image
- Has not given consent to the broadcast of the image
A service member can also be charged with wrongful broadcast if he or she knows or reasonably should have known that the image was created under circumstances in which the victim retained a reasonable expectation of privacy.
It is also possible to be charged with wrongful broadcast if the accused knows or reasonably should have known that the broadcast of the image is likely to:
- Cause harm, harassment, intimidation, emotional distress, or financial loss for the victim
- Substantially harm the victim or his or her health, safety, business, career, financial condition, reputation, or personal relationships
How We Can Help
If you’ve been charged with wrongful broadcast, the consequences could be severe. You will need an attorney on your side that knows how to handle a recent law such as this and knows how to defend you in accordance with the UCMJ. Garrison Wood specializes in military defense and can defend your rights.
You’ve fought for us. Let us fight for you. Contact us today to schedule a free and confidential review of your case.