Barry V. O'Connor - U.S. Airforce - Convicted Sex Offender

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Name: Barry V. O'Connor

Case: United States v. O'Connor

Date Of Appeal: February 25, 2003

Plea: Guilty

Charges: Forcible Sodomy Of A Child

Military Branch: U.S. Airforce

Listed In National Sex Offenders Registry? NO

The judgment of the United States Court of Appeals for the Armed Forces was entered on September 6, 2001. The petition for a writ of certiorari was filed on December 3, 2001. The jurisdiction of this Court is invoked under 28 U.S.C. 1259(3).

Following trial by a general court-martial, Pet. 2; Pet. App. 12a, and, in accordance with pleas of guilty, petitioner was convicted of two specifications of forcible sodomy on a child under the age of 16, in violation of 10 U.S.C. 925 (Art. 125, Uniform Code of Military Justice (UCMJ)), four specifications of indecent acts on a female under 16 years of age in violation of 10 U.S.C. 934 (Art. 134, UCMJ); one specification of obstruction of justice, in violation of 10 U.S.C. 934 (Art. 134, UCMJ); and one specification of receipt of child pornography and one specification of possession of child pornography, in violation of 18 U.S.C. 2252A (Supp. V 1999), as assimilated by 10 U.S.C. 934 (Art. 134, UCMJ).

Court-Martial Order of Apr. 20, 1999; Pet. App. 12a. As approved by the convening authority, his sentence included a dishonorable discharge, confinement for 12 years, and reduction to the lowest enlisted grade. Ibid. Both the United States Air Force Court of Criminal Appeals and the United States Court of Appeals for the Armed Forces affirmed.

18 U.S.C. 2256(8) (Supp. V 1999). During the guilty plea hearing, the military judge defined the phrase "child pornography," in accordance with the definition contained in Section 2256(8). In particular, he explained that it means any visual depiction, including any photograph, film, video, picture, or computer or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where, (a) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (b) such visual depiction is or appears to be of a minor engaging in sexually explicit conduct; (c) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or, (d) such visual depiction [i]s advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that [the] material is or contains a visual depiction of a minor engaging in sexually explicit conduct.

At the conclusion of the military judge's explanation, petitioner stated that he understood the definition of "child pornography." He then acknowledged that, on several occasions, he had shown computer images of child pornography to a female minor. He explained that the subjects, who appeared to be minors, were engaged in "[v]arious sexual displays or actions." On the basis of these admissions, the military judge accepted petitioner's pleas of guilty.