United States v. Jackson

DECISION

KASTL, Senior Judge:

Two intriguing issues face us today. We find merit as to the first and reassess the sentence.

Indecent Act v. Indecent Exposure

Airman First Class Jackson was charged with an indecent act with SF by willfully exposing his penis in her presence at the base library. This was a violation of Article 134, UCMJ, 10 U.S.C. § 934. He pleaded guilty and was sentenced by a general court-martial consisting of members.

On appeal, Jackson argues that his plea was improvident. He says his real offense was indecent exposure — not an indecent act. Both violate Article 134, UCMJ.…