United States v. Forney

Judge STUCKY

delivered the judgment of the Court.

Appellant was convicted of conduct unbecoming an officer and a gentleman by possessing child pornography. Article 133, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 933 (2000). We granted review to determine whether the military judge erred by using a federal statute that the Supreme Court subsequently held to be unconstitu*273tional to define “child pornography.” The military judge did not err in using the statute to define child pornography under these circumstances and the possession of images of virtual children engaged in sexually…