48-3069. (KCMJ Art.
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48-3069. (KCMJ Art. 120c) Sexual misconduct.
(a)Any person subject to this code shall be punished at the direction of a commanding officer if such person, without legal justification or lawful authorization:
(1)Knowingly and wrongfully views the private area of another person without the other person's consent and when that other person has a reasonable expectation of privacy;
(2)knowingly photographs, videotapes, films or records by any means the private area of another person without that other person's consent and when that other person has a reasonable expectation of privacy; or
(3)knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances prescribed in paragraphs
(1)and (2).
(b)Any person subject to this code shall be punished at the direction of a commanding officer and is guilty of forcible pandering if such person compels another person to engage in an act of prostitution with any person.
(c)Any person subject to this code shall be punished at the direction of a commanding officer and is guilty of indecent exposure if such person intentionally exposes, in an indecent manner, the genitalia, anus, buttocks or female areola or nipple.
(d)In this section:
(1)"Act of prostitution" means a sexual act or sexual contact as defined in UCMJ article 120 and where the person performing the act receives something of value in return.
(2)"Another person" or "other person" means a member of the state military forces, the United States armed forces, the state military forces from another state, a cadet, a candidate, a trainee or a recruit.
(3)"Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
(4)"Distribute" means to deliver to the actual or constructive possession of another, including transmission by electronic means.
(5)"Indecent manner" means conduct that amounts to a form of immorality relating to sexual impurity that is grossly vulgar, obscene and repugnant to common propriety and tends to excite sexual desire or deprave morals with respect to sexual relations.
(6)"Private area" means the naked or underwear-clad genitalia, anus, buttocks or female areola or nipple.
(7)"Reasonable expectation of privacy" means circumstances in which a reasonable person would believe that:
(A)The person could disrobe in privacy without being concerned that an image of a private area of the person is being captured; or
(B)a private area of the person would not be visible to the public.