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WWW.NAVY.MIL/SOCIALMEDIA >> U.S. NAVY SOCIAL MEDIA HANDBOOK
The UCMJ and Navy Regulations
When online, to include social media, Sailors are subject to the UCMJ and Navy regulations, even when off duty.
Commenting, posting or linking to material that violates the UCMJ or Navy Regulations may result in administrative or
disciplinary action, to include administrative separation, and may subject civilians to appropriate disciplinary action.
Punitive action may include Articles 88, 89, 91, 92, 120b, 120c, 133 or 134 (General Article provisions, Contempt,
Disrespect, Insubordination, Indecent Language, Communicating a threat, Solicitation to commit another Offense,
and Child Pornography offenses), as well as other articles, including Navy Regulations Article 1168, nonconsensual
distribution or broadcast of an image.
Behaviors with Legal Consequences
Electronic harassment
47 U.S.C. § 223 (a)(1)(C) makes it a crime to anonymously use a telecommunications device (i.e. telephone, computer,
or other electronic device used for communication) to harass a person; 47 U.S.C § 223 (a)(1)(E) prohibits initiating
communications via a telecommunications device solely to harass the recipient.
Electronic threats
18 U.S.C § 875 prohibits transmitting communications containing threats to kidnap or physically injure someone. It
also criminalizes the actions of someone who, with intent to export (receive anything of value), electronically threatens
to injure the property or reputation of a person. “Sextortion” (being tricked into providing sexual images and then being
asked for
money to not have the images published online) may fall under provisions of this law.
Cyber stalking
18 U.S.C. § 2261A prohibits a person, with the intent to kill, injure, harass, or intimidate someone, from using a computer
(or other digital communications system), to engage in actions (course of conduct) reasonably expected to cause a
person (or immediate family member, spouse, or intimate partner) substantial emotional distress.
Obscenity
47 U.S.C. § 223(a)(1)(A) prohibits using a telecommunications device to make, create, or
solicit and transmit any obscene comment, request, suggestion, proposal, image or other communication.
Child exploitation / Child sexual exploitation
18 U.S.C. § 2251, 2252, and 2252A. Using a computer (a smartphone is a “computer”) to solicit, make, create, transmit, or
receive child pornography is illegal. For these provisions, a “child” is anyone under the age of 18. 18 U.S.C. § 1462 makes
it a crime to transmit obscene matters. 18 U.S.C. § 1470 criminalizes the transfer of obscene materials, to include digital
images, to persons under the age of 16. Sending sexually explicit (graphic “dirty” talk) electronic messages to minors, or
soliciting sexually explicit communications, also are criminal offenses.
Computer misuse (“hacking”)
A person engaging in cyber misconduct may also commit violations of 18 U.S.C. § 1030, if, for
example, he or she exceeds authorized access to the computer or accesses the computer without authorization (i.e.
hacks into an account or network) to send the harassing, intimidating, humiliating, or even threatening communication.