United States v. Warner

73 M.J. 1 (2013)

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United States v. Warner

United States Court of Appeals for the Armed Forces
73 M.J. 1 (2013)

Facts

Private Gary D. Warner (defendant) was charged with service-discrediting possession of images depicting minors as sexual objects or in sexually suggestive ways in violation of Article 134 of the Uniform Code of Military Justice (UCMJ). At trial, the prosecution introduced into evidence twenty images of prepubescent and pubescent girls in sexually suggestive poses. None of the girls were depicted nude; however, all of the girls were dressed in revealing clothing including, in some instances, G-strings. Superimposed on the images were sexually violent and demeaning captions. A general court-martial convicted Warner, and the Court of Criminal Appeals affirmed. Warner appealed, arguing that his due-process rights had been violated because he had not been given fair notice that his conduct was subject to criminal prosecution.

Rule of Law

Issue

Holding and Reasoning (Stucky, J.)

Dissent (Baker, C.J.)

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