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The accused knowingly distributed an image of another person. The accused knew the person depicted had a reasonable expectation of privacy and was caused emotional distress as a result of the distribution.The image depicted the private area of that person. Finally, under the circumstances, the accused's conduct had a reasonably direct and evident connection to a military environment.
"Posting compromising pictures of fellow service members not only works to undercut the trust within the unit but is completely counter to the values the services represent," Thoman said.
Military servicemembers are often held to a higher ethical standard than people in civilian life.
In the military, certain consensual sex acts that might not cause undue fallout in civilian life, are considered improper sexual conduct and could result in a court martial.
While Soldier B is temporarily upbeat about thinking of such an easy way to get back at Soldier A, in all likelihood, Soldier B has just committed a federal crime, Thoman said.
According to Thoman, the legal analysis to get to a federal conviction is now more straightforward for that case.