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United States v. Rocha.
"The U.S. Air Force Court of Criminal Appeals doesn't resolve whether such conduct is substantively constitutionally protected from criminal punishment, but holds that military law didn't put the defendant on notice that the conduct was illegal."
A general court-martial comprised of officer members convicted Appellant, contrary to his pleas, of one specification 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), 10 U.S.C. § 934. 1 Appellant was found not guilty of an unrelated specification of receiving child pornography between May 2018 and May 2019 in violation of Article 134, UCMJ, 10 U.S.C. § 934 (Manual for Courts-Martial, United States (2016 ed.)). 2 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. The convening authority denied Appellant’s request for waiver of forfeitures, and approved the sentence in its entirety.
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-Current Term Opinions
Joint R. App. Pro.