United States v. Jones

Judge RYAN

delivered the opinion of the Court.

In this case, Appellant was charged with rape in violation of Article 120, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 920 (2006). The military judge sua sponte instructed on, and the members convicted Appellant of, an uncharged violation of Arti*467cle 134, UCMJ, 10 U.S.C. § 934 (2006)— indecent acts with another (indecent acts), presented as a lesser included offense (LIO). No one disagrees that the elements of indecent acts and rape are not the same,1 and the MCM does not list indecent acts as an LIO of rape. However, indecent acts is…