Home > Christopher P. Moffeit
Name: Christopher P. Moffeit
Case: United States v. Moffeit, No. 04-0442/AF
Date Of Conviction: January 10, 2006
Plea: Not Guilty
Charges: (see below)
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? NO
Judge CRAWFORD delivered the opinion of the Court.Contrary to his pleas, Appellant was convicted of receiving and possessing child pornography, and misusing the Internet in an attempt to entice minors in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2000).
The convening authority approved the sentence of a dishonorable discharge, forty-five months of confinement, forfeiture of all pay and allowances, and reduction to the lowest enlisted grade.
In light of United States v. O’Connor, 58 M.J. 450(C.A.A.F. 2003), we set aside the findings of guilty to possessing and receiving child pornography and remanded the case. United States v. Moffeit, 60 M.J. 348 (C.A.A.F. 2004). The lower court was given the option of either dismissing those specifications and reassessing the sentence based on the remaining internet offense, or order a rehearing. Id. The lower court reassessed the sentence reducing the confinement tothirty-three months
The original sentence was determined by a military judge, the Court of Criminal Appeals applied the correct Sales framework, and the dismissed charges were of a nature generally reviewed by Court of Criminal Appeals. Finally, the reassessed offense was serious, bore aggravating circumstances, and was also of a nature that a Court of Criminal Appeals would have experience with and practical knowledge of what military judges normally award.
On reassessment, Appellant stood convicted of trying to entice multiple young children into engaging in sexual relations under the guise of an Internet invitation to participate in a pagan ritual. Among other things, Appellant’s advertisement cautioned that participants must be ages thirteen to twenty years old, must not have any sexually transmitted diseases, and “must go through no matter what intales [sic].”
For this offense, the Court of Criminal Appeals sentenced Appellant to thirty-three months and a dishonorable discharge, in lieu of the original sentence of forty-five months, and a dishonorable discharge.
On such facts, it is within the reasonable discretion of the Court of Criminal Appeals to conclude that a military judge sitting alone would have awarded a dishonorable discharge as opposed to a bad-conduct discharge to a service member convicted of enticing underage children to have sex through an Internet advertisement.
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Christopher P. Moffeit
Airman First Class U.S.A.F.
Trying To Entice Children Into Engaging In Sexual Relations
