26 M.J. 553 | U.S. Army Court of Military Review | 1988
OPINION OF THE COURT
Pursuant to his pleas, appellant was convicted by a military judge sitting as a general court-martial of adultery and incest (three specifications), in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934 (1982) [hereinafter UCMJ].
Appellant avers that his pleas were improvident due to a substantial misapprehension of the maximum imposable sentence. Specifically, appellant alleges that his acts of sexual intercourse with his then eighteen year old daughter, charged under the Assimilative Crimes Act, 18 U.S.C. § 13 (1982), either constituted the offense of indecent acts with another or were so closely related thereto that its sentence limitation should have applied. See Manual for Courts-Martial, United States, 1984 [hereinafter M.C.M., 1984], Rule for Courts-Martial [hereinafter R.C.M.] 1003(c)(l)(B)(i). We disagree.
An indecent act encompasses “that form of immorality relating to sexual impurity which is not only grossly vulgar, obscene, and repugnant to common propriety, but tends to excite lust and deprave the morals with respect to sexual relations.” M.C.M., 1984, Part IV, para. 90 c. The indecency is related more to the circumstances surrounding the act than the act
Even if the offenses were closely related, and the cap on confinement was five, not ten, years per specification,
Hence, appellant’s guilty pleas were provident.
The issues personally asserted by appellant are without merit.
The findings of guilty and the sentence are affirmed.
. The judge found the adultery specification to be multiplicious for sentencing with one of the incest specifications.
. Compare M.C.M., 1984, Part IV, para. 90 e with Ky.Rev.Stat.Ann. §§ 530.020(2), 532.060(c) (Michie/Bobbs-Merrill 1987).
. Although the pretrial agreement did not preclude prosecution of the other offenses, the government presented no evidence following the acceptance of appellant's guilty pleas.