Elements.

(1) That the accused orally or in writing communicated to another person certain language;

(2) That such language was indecent; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. Note: In appropriate cases add the following element after element (1): That the person to whom the language was communicated was a child under the age of 16.

Note: When the language is communicated in front of a child, this offense is punishable under the new Article 120.

Explanation."Indecent" language is that which is grossly offensive to modesty, decency, or propriety, or shocks the moral sense, because of its vulgar, filthy, or disgusting nature, or its tendency to incite lustful thought. Language is indecent if it tends reasonably to corrupt morals or incite libidinous thoughts. The language must violate community standards. See paragraph 87 if the communication was made in the physical presence of a child.

Lesser included offenses.

(1) Article 117-provoking speeches

(2) Article 80-attempts

Maximum punishment. Indecent or insulting language.

(1) Communicated to any child under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

(2) Other cases. Bad-conduct discharge; forfeiture of all pay and allowances, and confinement for 6 months.