CAAF granted review of the following issue today:
WHETHER SPECIFICATION 5 OF CHARGE I ALLEGING AN INDECENT ACT UNDER ARTICLE 120(k), UCMJ, FAILED TO STATE AN OFFENSE WHERE THE INDECENT ACT ALLEGED WAS APPELLANT ORALLY REQUESTING DURING A SKYPE INTERNET CONVERSATION THAT A CHILD UNDER THE AGE OF 16 YEARS EXPOSE HER BREASTS SO THAT HE COULD VIEW THEM UTILIZING THE WEB CAMERA.
United States v. King, __ M.J. __, No. 11-0583/NA (C.A.A.F. July 21, 2011) (order granting review). NMCCA’s unpublished opinion in the case is available here.
Appellate defense types will be interested to learn that the issue was raised under Grostefon.