2008 (September Term)
United
States v. Brown, 67 M.J. 147 (Article 127,
UCMJ, prohibits the
communication of threats to another person with the intention thereby
to obtain
anything of value or any acquittance, advantage, or immunity; the MCM
explains
that, unless it is clear from the circumstances, the advantage or
immunity
sought should be described in the specification; the MCM further
explains that
an intent to make a person do an act against that person’s will is not,
by
itself, sufficient to constitute extortion).
(in
this case, the specification was sufficient to state an offense of
extortion under
Article 127, UCMJ, in that it described the advantage that appellant
sought to
achieve (the participation of the victim in sexual relations) and
further
described the threat communicated to the victim to obtain that
advantage (to
expose their past sexual relationship in a manner that would harm her
military
career); as such, the specification was consistent with part IV, para.
54.c.(4)
of the MCM, which expresses a preference for an express description of
the
advantage; moreover, the specification was consistent with the
additional
guidance in para. 54.c.(4), which states that an intent to have “a
person do an
act against that person’s will,” would not be sufficient “by itself” to
constitute extortion; here, in addition to alleging that appellant
sought to
have the victim engage in an act against her will, the specification
further
alleged that appellant intended to obtain an advantage through her
participation with him in sexual relations; as such, the specification
did not
rely solely, or “by itself,” on an allegation that appellant sought to
have her
engage in an act against her will).