How do I figure out if a soldier convicted of the military equivalent of indecency with a child was convicted of a felony or misdemeanor? He was discharged with a fine, no imprisonment. I think it was an offense under Article 120 UCMJ, 10 USCA Sec. 920, perhaps an attempt. I've never dealt with military stuff before--punishment looks open ended, which would indicate felony to me. Any ideas would be appreciated--the prosecutor is already picking her jury. 214-653-3641.

I think you have to start with the Penal Code definitions at section 1.07(23) & (31).

Is this a question of whether it can be used for enhancement. If it is you might look at Ex Parte Blume, 618 SW2d 373 for guidance.

If the U.S.C. provision provides the possibility of confinement in the penitentiary, even if confinement is not imposed it may be used for enhancement.

We're wondering about probation eligibility. We found cases saying federal convictions count if they are felonies, just unsure if this is a felony. I can't find anything like our punishment stuff in the UCMJ as published in the USCA. I don't know whether that stuff is in the CFR or what. I was hoping we had some JAG-types out there that could point me at whatever sets the penalties.

Call the JAG office at Navy Dallas. They can at least answer your questions about punishment and classification.

I'm an Air Force JAG and have a copy of the UCMJ here in my civilian office. Call me at 903-935-8408 and i think I can help out. Violation of Art 120 of the UCMJ, in certain circumstances, is "death or any such other punishment as a court-martial may direct." In other instances it can be 20 years or life.

[This message was edited by Bob Cole on 08-25-03 at .]

[This message was edited by Bob Cole on 08-25-03 at .]

I appreciate the phone calls I received today. Once I saw the paperwork we had, it does not look like something we're going to be able to use for much. Bob Cole graciously agreed to look at it for us.

After my brief experience with the UCMJ, I think our own Texas Penal Code is a little more user friendly.