United States v. Hays

In United States v. Martinelli, 62 M.J. 52 (C.A.A.F.2005), we determined that the Child Pornography Prevention Act (CPPA) has no extraterritorial application. Under the factual circumstances presented in this case, I agree with the majority’s conclusion that Hays’ guilty pleas to the four CPPA-based specifications were improvident on that basis. 1 therefore concur with the majority in regard to Issue IV.

As noted in Martinelli, an improvident plea to a CPPA-based offense may, under certain circumstances, be upheld as provident to a lesser included offense under clauses 1 or 2 of Article 134,…