(k) Indecent Act:
2011 (September Term)
United States v. King, 71 M.J. 50 (the elements of the offense of indecent acts include (a) that the accused engaged in certain conduct, and (b) that the conduct was indecent conduct; indecent conduct is defined, in part, as that form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations; this court has held that “language” can be, or be part of, “conduct” in a particular case).
(during a Skype Internet conversation, appellant’s request to his 14-year-old stepdaughter to expose her breasts so that he could observe them utilizing the web camera constituted an attempt to commit an indecent act; appellant’s request was an overt act that constituted direct movement toward the commission of an indecent act; but for his stepdaughter’s refusal to lift her shirt, appellant would have viewed his stepdaughter’s breasts).