Argued on January 24, 2019.

Case summary: The case is an interlocutory government appeal pursuant to Article 62, UCMJ. The accused faces, inter alia, charges of sexual assault and sexual harassment. The military judge found the sole Specification of Charge I (violation of a lawful general order) failed to state an offense, finding that United States Navy General Regulations (1990) Article 1166 is not punitive and is void for vagueness. After the military judge granted the defense’s motion to dismiss the Specification, the government filed its appeal.

Issue: Whether the military judge erred by dismissing the sole Specification of Charge I finding that Article 1166, United States Navy General Regulations (1990), is not punitive and is void for vagueness?

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