Page:Executive Order 14062.pdf/6

to—

(a) cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or

(b) harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships; and

(6) That the conduct of the accused, under the circumstances, had a reasonably direct and palpable connection to a military mission or military environment.

c. Explanation. See Paragraph 55a.a.(b) for definitions.

(1) Wrongful. Wrongful means without legal justification or excuse. This paragraph shall not apply in the case of a visual image the disclosure of which is in the bona fide public interest. For example, this paragraph does not prohibit any lawful law enforcement, correctional, or intelligence activity; shall not apply to the reporting of unlawful activity; and shall not apply to a subpoena or court order for use in a legal proceeding.

(2) Reasonable Expectation of Privacy. A reasonable expectation of privacy is determined based on the totality of the circumstances.

(3) A reasonably direct and palpable connection to a military mission or military environment. The connection between the conduct and a military mission or military environment is contextually oriented and cannot be evidenced by conduct that is connected only in a remote or indirect sense. To constitute an offense under the UCMJ, the conduct must have a measurably divisive effect on unit or organization discipline, morale, or cohesion, or must be clearly detrimental to the authority or stature of or respect toward a Servicemember.

d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.