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Professor Eric R. Carpenter opined in FBI joins Army, Air Force and Coast Guard in investigation into nude-photo scandal, in Stars and Stripes on March 17, 2017. In assessing the ability of the army to prosecute for posting nude photos without the subject’s consent, Prof. Carpenter opined that offenders could be punished under Uniform Code of Military Justice (UCMJ) Article 134. This article, known as the general article, covers “nonspecific actions that disrupt good order and discipline or bring discredit upon the armed forces[.]”

“If Congress amended the current statute to criminalize the posting of nude photos of servicemembers that were consensual when taken but posted without consent, that would make prosecuting these cases even easier,” Prof. Carpenter said. “A statute like this would also likely be constitutional.”

Prof. Carpenter also noted that any judge would have to impose a punishment without parameters as there are no punishment parameters under Article 134.

The full article can be accessed at Stars and Stripes.

Prof. Carpenter joined FIU Law in 2013. His research interests are in military justice, sexual violence against women, and capital litigation. To read Prof. Carpenter’s works, visit his Selected Works gallery.