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Legal Opinion

United States v. Carr

U.S. Navy-Marine Corps Court of Military Review

Decided March 23, 1989No. NMCM 88 1321PublishedCited by 16 opinions

1Opinion of the Court

RILEY, Senior Judge:

The issue presented in this appeal is whether an unwitnessed act of sexual intercourse on a public beach late at night is a “public” (and thus indecent) act within the meaning of Article 134 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934.

BACKGROUND

At approximately 1700 on 1 August 1987, the appellant and a group of friends attended a command-sponsored “going away” party at a beach on Torrii Station, Okinawa. Around 1900, the appellant and a friend met two young ladies who were walking past the party area on the beach. The two approached the women,…

2Cases cited17 opinions

  1. Eisenstadt v. BairdSupreme Court of the United States · 1972
  2. United States v. BerryUnited States Court of Military Appeals · 1956
  3. United States v. SnyderUnited States Court of Military Appeals · 1952
  4. United States v. HicksonUnited States Court of Military Appeals · 1986
  5. Messina v. StateCourt of Appeals of Maryland · 1957

12 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. United States v. HendersonU.S. Navy-Marine Corps Court of Military Review · 1991
  2. United States v. SimsCourt of Appeals for the Armed Forces · 2002
  3. Leo Ricardo Barnes v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2013
  4. United States v. FrazierU S Coast Guard Court of Criminal Appeals · 1999
  5. United States v. BlakeU.S. Army Court of Military Review · 1991

11 more not listed; retrieve them via the Exa API.

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