UCMJ Article 117a Wrongful Broadcast of Covered Communications vs Article 120c Broadcasting Intimate Images: General Privacy Violations vs Sexual Content Distribution
On this page: 6 sections
Article 117a is not a general privacy article, and “covered communications” does not appear in it. Its title is “Wrongful broadcast or distribution of intimate visual images,” and it applies to images showing a private area or sexually explicit conduct. Private text messages, screenshots of conversations, and ordinary photos are outside it. The line between Article 117a and Article 120c runs through how the image was made. Article 120c(a)(3) punishes distributing a recording that was made without consent where the person had a reasonable expectation of privacy. Article 117a reaches images that may have been made or shared willingly, when they are later distributed without the depicted person’s explicit consent.
Article 117a
Article 117a(a) applies to any person subject to the UCMJ who knowingly and wrongfully broadcasts or distributes “an intimate visual image of another person or a visual image of sexually explicit conduct” involving a person who:
(A) is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;
(B) is identifiable from the intimate visual image or visual image of sexually explicit conduct itself, or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and
(C) does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;
Source: 10 U.S.C. § 917a(a)(1) (Article 117a).
Three further conditions must be met (§ 917a(a)(2)-(4)):
- the accused knew or reasonably should have known the image was made under circumstances in which the person “retained a reasonable expectation of privacy regarding any broadcast or distribution”;
- the accused knew or reasonably should have known the distribution was likely to cause harm, harassment, intimidation, emotional distress, or financial loss, or to substantially harm the person’s health, safety, career, reputation, or relationships; and
- the conduct had “a reasonably direct and palpable connection to a military mission or military environment.”
An “intimate visual image” depicts a private area, meaning “the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.” “Sexually explicit conduct” and “visual image,” which includes digital images and streaming video, are also defined (§ 917a(b)).
Article 120c(a)
(1) knowingly and wrongfully views the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy;
(2) knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person’s consent and under circumstances in which that other person has a reasonable expectation of privacy; or
(3) knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in paragraphs (1) and (2);
Source: 10 U.S.C. § 920c(a) (Article 120c).
Clause (3) reaches only a recording “made under the circumstances proscribed” in clauses (1) and (2): without consent, where the person had a reasonable expectation of privacy.
How the facts sort
| Article 117a | Article 120c(a) | |
|---|---|---|
| Content | Intimate visual images or images of sexually explicit conduct | Recordings of another person's private area |
| How the image was made | Can be made or shared with consent | Made without consent, in circumstances with a reasonable expectation of privacy |
| Consent that matters | No explicit consent to the broadcast or distribution | No consent to the viewing or recording |
| Other requirements | Adult, identifiable, likely harm, military connection | None of these |
| Recording itself punished | No | Yes, under clause (2) |
For example, a service member who shares a former partner’s intimate photo, which the partner sent voluntarily during the relationship, with coworkers in a unit group chat after a breakup, without the partner’s explicit consent, raises Article 117a, if the other statutory conditions are proved; Article 120c(a)(3) does not fit, because the photo was not made without consent. Had the service member secretly recorded the partner undressing and then shared the recording, the facts would raise indecent recording and distribution under Article 120c and, depending on the circumstances, Article 117a as well. Whether a person retained a reasonable expectation of privacy is decided on the circumstances of the image and the sharing, and the military-connection requirement is part of the statute itself (§ 917a(a)(4)).
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 55a.d and ¶ 63.d) |
|---|---|
| Wrongful broadcast or distribution of intimate visual images | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
| Indecent viewing | Dishonorable discharge, forfeiture of all pay and allowances, 1 year |
| Indecent recording | Dishonorable discharge, forfeiture of all pay and allowances, 5 years |
| Broadcasting or distributing an indecent recording | Dishonorable discharge, forfeiture of all pay and allowances, 7 years |
Where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial, other than in a capital case (10 U.S.C. § 853(b)(1)).
Who decides whether the case goes forward
Articles 117a and 120c are covered offenses (10 U.S.C. § 801(17)). For offenses committed after December 27, 2023, a special trial counsel has exclusive authority to determine whether a reported offense is a covered offense and, once exercising authority, to refer charges to a special or general court-martial, dismiss them, or enter a plea agreement (10 U.S.C. § 824a(c)).
Sources
- 10 U.S.C. § 917a, wrongful broadcast or distribution of intimate visual images (Article 117a)
- 10 U.S.C. § 920c, other sexual misconduct (Article 120c)
- 10 U.S.C. § 801, definitions (Article 1)
- 10 U.S.C. § 824a, special trial counsel (Article 24a)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 55a and ¶ 63.
This is legal information about Articles 117a and 120c; it does not assess any image, message, or report. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.