United States v. Linnear

SODOMY

I agree with the majority’s conclusion that the sodomy conviction should be affirmed. An act of fellatio continues to constitute an offense in military jurisprudence violative of Article 125, U.C.M.J., whether it occurs in public or private.3

Unless one of the elements of a criminal activity relates specifically to the situs of that activity, that activity continues to be criminal whether done in public or in private. A murderer who commits a murder in the sanctity of his own bedroom may, nevertheless, be charged with murder. A sodomist who commits an act of sodomy in the sanctity of his…