Acting Secretary of the Navy Sean Stackley has just issued a new regulation that now gives the Navy’s Judge Advocate General Corps a new weapon to use against those who post private nude photos.
According to a report in the Navy Times, Article 1168 has been added to Navy Regulations, prohibiting the “wrongful distribution or broadcasting of an intimate image.” The addition of this regulation means that Article 92 of the Uniform Code of Military Justice can be brought into play against the next “Marines United” scandal participants.
“The addition of Article 1168 ‘Nonconsensual distribution or broadcasting of an image’ to Navy Regulations serves to underscore leadership’s commitment to eliminating degrading behaviors that erode trust and weaken the Navy and Marine Corps Team,” Rear Adm. Dawn Cutler, the Navy’s chief of information, said in a statement quoted by the Navy Times. “It provides commanders another tool to maintain good order and discipline by holding Sailors and Marines accountable for inappropriate conduct in the nonconsensual sharing of intimate imagery.”
“This article adds the potential charge of Article 92 ‘Failure to obey [an] order or regulation’ to the possible charges that can be used against an alleged perpetrator. Each case of alleged misconduct will be evaluated on its own facts and circumstances,” Cutler added.
According to an ALNAV message sent out on April 17, the addition of Article 1168 is an “interim change” pending formal amendment to the Uniform Code of Military Justice.
Article 92 of the UCMJ makes it illegal to disobey a lawful order. Violators of that who fail to follow any “lawful general order or regulation” are to be “punished as a court-martial may direct.”
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Previously, the Marines had been relying on Articles 133 and 134 of the Uniform Code of Military Justice, according to a March 5 release by the Marine Corps. Article 120c was also seen as a possible option in some cases.
Articles 133 and 134 are seen as “catch-all” provisions for “conduct unbecoming.” According to the UCMJ, violations of Article 133 “shall be punished as a court-martial may direct.” Violations of Article 134 are to be “punished at the discretion of that court” while taking into consideration “according to the nature and degree of the offense.”