Articles 120c and 134 in the Same Case: What the Records Show

Trends › By Offense › Article 120c › With Article 134

Based on 66 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Longer Sentences Than Other Article 120c Cases

Article 120c covers indecent recording, broadcasting, and exposure. Article 134, the general article, covers a long list of conduct that harms good order or discredits the service. These 66 courts-martial charged both and were tried from October 2013 through February 2026.

Of 64 convictions, 60 included confinement. The median confinement was 2 years, compared with the 1 year median for all Army, Navy, and Marine Corps cases charging Article 120c. A quarter of the sentences were 5.3 years or longer.

Confinement by Length

Confinement of more than one year was given in 44 of 64 convictions, or 69%, compared with 40% in the comparison group. Sentences of more than 1 year but under 5 years made up 45% of convictions here, compared with 28%. 15 convictions (23%) were 5 years or more, compared with 13%.

Short sentences were uncommon. Only 4 convictions (6%) were under 6 months, compared with 23% for all Article 120c cases. 12 convictions (19%) were 6 months to 1 year, compared with 28%. 4 convictions (6%) included no confinement, compared with 9%. These are adjudged sentences covering every charge in the case, before any plea-agreement cap, clemency, or appeal.

More General Courts-Martial

Of the 66 cases, 57 were general courts-martial (86%), compared with 69% for all Article 120c cases. Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge. A special court-martial is capped at one year.

This group had both a higher general court-martial share and longer sentences. The records cannot show whether one explains the other.

Few Contested Cases and Few Full Acquittals

The plea is listed in 55 records. In 39, the accused pleaded guilty. In 16, the accused contested at least one charge. The contested share was 29%, compared with 34% for all Article 120c cases. Most of the sentences above followed a guilty plea, not a contested verdict.

Of the 16 contested cases, 2 ended in a full acquittal and 4 ended in a partial acquittal, with an acquittal on at least one charge or specification and a conviction on another. The full-acquittal rate was 12%, compared with 31% for all Article 120c cases. With so few contested cases, one different verdict would change the rate.

Punitive Discharges and Dismissals

Of 60 convicted enlisted members, 52 received a punitive discharge: 31 dishonorable and 21 bad-conduct. For all Article 120c cases, the share was 79%.

All 4 convicted officers or warrant officers were dismissed. Dismissal is the officer form of a punitive discharge. Members without a punitive discharge may still have been separated administratively, and these records do not cover that step.

Other Charges in These Cases

Article 80 (attempt) was charged in 20 of the 66 cases, Article 120 (sexual assault) in 17, Article 128 (assault) in 14, and Article 120b (child sexual abuse) in 9. The adjudged sentence covers all charges of conviction together.

Who Was Charged

The accused were 32 junior enlisted members (E-1 to E-4), 30 NCOs (E-5 to E-9), and 4 officers or warrant officers. This group was more senior than all Article 120c cases, where 54% of the accused were junior enlisted. The number of NCOs was close to the number of junior enlisted members.

Years and Installations

The highest yearly count was 12 cases in 2018, followed by 9 in 2021. Most other years had between 2 and 7. The 2026 count of 1 covers part of the year.

Norfolk, Virginia had the most cases, with 9. Bremerton, Washington and Camp Lejeune, North Carolina had 6 each, and Washington, D.C. and Mayport, Florida had 5 each. These 5 installations account for 47% of the 66 cases. Large installations try more cases of every kind, so a high count does not by itself say anything about one base.

What the Data Does Not Show

The records list trial dates, not offense dates. They cannot show whether a case fell before or after the rule changes of the Military Justice Act of 2016, which took effect on January 1, 2019. The records also do not include the evidence, the plea-agreement terms, nonjudicial punishment, or administrative separations. They show outcomes, not reasons.

For what the offense covers and how it is defended, see Article 120c on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.