Minor Visiting Military Base

[mrwtx0321]

What is the name of your state? Texas

My daughter's boyfriend shipped out to Basic on his 18th birthday and his graduation is coming up. We had planned to attend the graduation but his drill sergeant told him this week that my daughter - who will be a few days shy of her 16th birthday- cannot attend the graduation because she is a minor. The DS said that if the boyfriend is caught hugging her, holding her hand or showing any form of affection towards her that he could be charged with indecency with a minor. My daughter would not be on the base unaccompanied but will be with both her parents and her boyfriend's parents.

I know the UCMJ deals with soldiers having sex with a person under the age of 16 who is not their spouse, but I've not been able to find anything to substantiate the DS's claims. If this is, in fact, valid, could someone point me to the specific UCMJ section that addresses this? When my brothers graduated from basic, non-family members attended and there wasn't a restriction on who the soldier could and couldn't hug.

Any insight would be appreciated.

[Zigner]

Two things:

Perhaps your daughter shouldn't be "dating" an adult...

And, if the base says no, then no it is.

[SHORTY LONG]

In addition to what Zigner had shared, the Article under the UCMJ would first fall
under 134, the catch-all Article, and then others, like disobeying a direct Order etc.

How did the DS even come to know that his girl friend is under age?

[CypressRyan]

As with most things, someone would have to make a fuss for this to be a problem. If she were to say (to the proper authorities) they had been physical one way or another, then yes that could be a major problem. As for attending the graduation saying he will be arrested for hugging her is rediculous, she could be his sister or old friend or whatever. Not to mention you would be hard pressed to find a DI who cares enough to go and request a friend/family members id at a graduation were many anonymous civilians will be. Also the two are not married and going outside that marrige, nor is she in the military so 134 is not really applicable. However as with anything in the military they can do what they like, so 134 could be used if deemed necessary. More likely if he were caught he would be convicted under art 120, again this would only happen if they were physical and someone made a fuss. My thoughts would be don't take her, tell him to wait until he finishes school and comes home on leave before reporting to his unit.

[fozzy2]

"is caught hugging her, holding her hand or showing any form of affection towards her that he could be charged with indecency with a minor"


How exactly could he be charged with "indecency" if he does not commit any indecent acts? Without having read up on the case law, I'd suggest that "any form of affection" falls far short of the legal definition of indecency. Generally speaking, there is no law against him being her "boyfriend" - though there may be laws about them having sex. It is an interesting commentary upon our society that sexual relations are simply assumed in a case liket this. Even in this day and age, some people do "date" without necessarily having sex or engaging in "indecency." Furthermore, the "age of consent" under the UCMJ is 16 years old, and under Texas law there is an affirmative defense if the older party is 3 years older or less.

There may be, however, restrictions on civilian visitation and special rules governing recruits, etc. that might be applied with fervor if someone doesn't like her attending.