The 2006 “100 monkeys” version of Article 120 continues to cause problems in the military justice system.

Here’s a link to ACCA’s published opinion in United States v. Rice, __ M.J. __, No. ARMY 20100678 (A. Ct. Crim. App. Dec. 18, 2012), setting aside findings of guilty to three specifications — and a part of a fourth — alleging voyeurism under the 2006 “100 monkeys” version of Article 120.  ACCA concluded that the military judge (COL Gross) misadvised the accused about relevant definitions and that the facts to which the accused admitted for certain specifications didn’t satisfy the elements as established by Article 120(t)(12).  Judge Krauss, joined by Judge Yob, wrote for the majority.  Chief Judge Ayers concurred in part and dissented in part.

ACCA noted that a new version of the voyeurism statute, Article 120c, took effect on 28 June 2012.  Some, but not all, of the conduct that ACCA found didn’t satisfy the 2006 statute is covered by the 2011 version.

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