United States v. Scoby

Opinion of the Court

COOK, Judge:

In material part, Article 125, Uniform Code of Military Justice, 10 U.S.C. § 925, provides that any person subject to the Code “who engages in unnatural carnal copulation with another person of the same or opposite sex” commits sodomy. The accused was convicted of a violation of the article. Three grounds for dismissal of the charge are implicit in his appellate contentions. They are:(1) That Article 125 is unconstitutionally vague;(2) That the sexual act performed by him is conduct protected by a right of privacy assured by the Constitution; and(3) That if the…