Article 134: Computer Crimes Against Minors

Sex crimes against children are among the most severely prosecuted offenses in the military justice system. While many are codified under Article 120b (Abusive Sexual Contact), Article 134 of the UCMJ serves as the expansive tool for prosecuting a variety of related misconduct, particularly those concerning Child Sexual Abuse Material (CSAM), solicitation, enticement, and other improper communications with a minor.

Our firm has handled more UCMJ cases involving CSAM, enticement, and improper communication with minors than any firm we are aware of. Our clinical, non-judgmental approach focuses strictly on dismantling the evidence and probabilistic risks, and we work with the best digital forensic experts and forensic psychologists in the country.

1. CSAM Offenses Under Article 134 (Child Pornography)

The various offenses related to Child Sexual Abuse Material (CSAM) are codified and aggressively prosecuted under Article 134. These offenses are distinct from the underlying sexual crimes and focus primarily on the possession, distribution, and creation of the illicit material.

A. Possessing, Receiving, or Viewing CSAM

This is the most common CSAM-related charge and focuses on a service member’s acquisition or control of the material.

• Elements: The accused knowingly and wrongfully possessed, received, or viewed a visual depiction of CSAM.
• The Legal Scope: The UCMJ offense is notably broader than many federal counterparts in that it extends to visual depictions of what appear to be minors engaged in sexually explicit conduct. Defenses often center on the issues of wrongfulness (e.g., inadvertent acquisition, immediate destruction/reporting) and knowledge.

B. Possessing CSAM with Intent to Distribute

This charge signifies a more serious intent beyond mere personal consumption.

• Elements: The accused knowingly and wrongfully possessed a visual depiction of CSAM with the intent to distribute.

C. Distributing and Producing CSAM

Distribution is the act of knowingly transferring or sharing the CSAM to another person. Production is the most severe offense, as it involves the actual creation of the abusive material.

2. Solicitation, Enticement, and Communications

Article 134 is the primary vehicle for prosecuting misconduct that occurs in the digital realm targeting minors, crimes often investigated through “predator” sting operations. These offenses revolve around the wrongful use of communication to initiate sexual conduct.

A. Solicitation of a Minor

This is used in cases where the accused attempts to persuade a person, including a minor, to commit an offense, even if the other person is actually an undercover agent.

• Elements: The accused wrongfully solicited or advised another to commit a criminal offense (e.g., send a picture of her “private area”).
• Key Point: It is not necessary for the person solicited to actually commit the offense. The focus is entirely on the accused’s specific intent and their act of solicitation.

B. Enticement of a Minor

Enticement is charged as a distinct offense when a service member attempts to lure a minor for unlawful purposes. The focus here is on the deceptive communication used to induce the minor to take an action, often to meet for a sexual purpose.

• Elements: The accused communicated with a minor, or a person the accused believed to be a minor, and the communication requested, urged, advised, counseled, tempted, or otherwise invited the minor for a sexual purpose (e.g., ”Meet me behind the McDonald’s on Main Street”).

C. Improper/Indecent Communications with a Minor

Communications with a minor that do not rise to the level of solicitation or enticement might still be prosecuted as Indecent Conduct under Article 134.

• Application to Minors: When the indecent communication is with a minor, it almost always satisfies the final element of bringing discredit upon the armed forces.

3. Lifelong Consequences

Collateral Damage and Punitive Consequences

• Punitive Discharge: A Dishonorable Discharge (DD) or Bad Conduct Discharge (BCD) is almost certain, resulting in the loss of all veteran’s benefits (GI Bill, retirement pay, VA healthcare).
• Sex Offender Registration: A conviction mandates compliance with the Sex Offender Registration and Notification Act (SORNA). This requires lifelong registration, severely restricting employment, housing, and travel.
• Loss of Security Clearance: A conviction is a disqualifying factor for retaining or obtaining a security clearance, ending the career path for virtually all service members who require access to classified information.
• Employment Limitations: Hard to find quality work as a sex offender.
• Limitations on Freedom: Can’t live by a school, park, church, etc., and can’t coach your child’s team or chaperone a field trip.

The Five Domains of Digital Siege

The forensic investigation into CSAM, solicitation, or enticement is a total siege. Investigators are not looking for one file; they are mapping your entire digital existence across five critical domains:

1. On-Premises Digital Storage (Physical Devices): Any device seized is subject to a forensic image. Computers/Laptops are examined for CSAM files and system metadata (Registry/Preference Files). MobileDevices are extracted for Communication Records (even from deleted threads) and Location Data.
2. Network and Communication Data (Third Parties): Investigators obtain warrants for data held by ISPs (IPAddresses) and Email Platforms (full content of accounts) to trace file-sharing and reveal discussions about the material.
3. Cloud and External Service Provider Data: Cloud Storage (iCloud, Dropbox) is targeted for access logs and files disguised with innocuous filenames. Social Media Accounts are raided for private messages (DMs) critical for enticement charges.
4. Financial and Identity Verification Data: Banking/Credit Records and Cryptocurrency Wallets are sought to establish intent and link you to payments made to VPN providers or illicit subscription sites.
5. Digital Forensics Artifacts (The Invisible Data): Forensic tools scan “Slack Space” (where data remains after deletion) to recover fragments or whole copies of files. Evidence that the suspect attempted to use Anti-Forensics Tools (e.g., disk-wiping utilities) or VPNs is powerful circumstantial evidence of guilty knowledge and intent to conceal.

4. The Attorney’s Unique Psychological and Tactical Imperative

Defending service members against these Article 134 charges demands a specific, highly refined set of professional and personal characteristics that few attorneys possess.

Profound Psychological Resilience and Detachment

The attorney must develop profound psychological resilience to confront the morally and emotionally taxing evidence.

• The Grayscale of Evidence Review: This work mandates the review of deeply traumatic evidence, such as explicit CSAM images or videos of assaults. The attorney must process this material as a detached, analytical professional.
• Compartmentalization: This is the ultimate act of disciplined emotional detachment: isolating one’s personal feelings from the professional obligation to protect the client’s rights. The attorney’s emotional response must not interfere with their ability to identify technical defects.

The Art of Bold, Tactful Cross-Examination

Interviewing and cross-examining child victims requires a razor-sharp blend of boldness and infinite tact and wisdom.

• Exquisite Precision: Every question must be crafted with tactical precision to address the flaws in the memory or investigation (leading questions from interviewers, contamination from parents, or delays in reporting) not the child’s character.
• Mitigation Mastery: Advocating for leniency for “one of those people” is the most demanding task. The attorney must skillfully present the client’s full human context (history of trauma, mental illness) to build a case for sentence reduction, framing the defendant’s issues as a problem that needs treatment.

Resilience to Public Scorn

A successful defense attorney in this field must have a fierce dedication to the principle that every individual, no matter what he’s accused of, is entitled to a zealous and competent defense. They must be prepared to look like the defender of “those people” while knowing they are, in fact, also the defender of the Constitution. And quite possibly someone who has been wrongly accused.

Trouble doesn’t come any worse than an accusation under Article 134 for a crime against a child. Call our experienced UCMJ lawyers for a confidential, free case analysis: 800-319-3134.