Harvey O. Booth - U.S. Army - Convicted Sex Offender - Indecent Acts With 13 Year Old Child

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Name: Harvey O. Booth

Case: United States v. Booth

Date Of Conviction: March 10, 1992

Plea:

Charges: Indecent Acts On A Minor

Military Branch: U.S. Airforce

Listed In National Sex Offenders Registry? NO

In August 1991, the United States Army charged petitioner, Sergeant Booth, with rape, carnal knowledge, sodomy, indecent assault in violation of articles 120, 125 and 134 of the Uniform Code of Military Justice (see, 10 USC §920 [a], [b]; §§925, 934), and giving alcoholic beverages to a minor in violation of Penal Law §260.20(4).

The victim was Booth's 13-year-old niece. The incident occurred on July 6, 1991 in the Village of Carthage, New York.

Booth, represented by counsel, waived trial by military jury. Following a trial by a military judge on January 12, January 30 and March 10, 1992, Booth was convicted of indecent assault in violation of article 134 of the Uniform Code of Military Justice and sentenced on March 10, 1992 to confinement at hard labor for two years at Fort Knox, Kentucky, reduced in rank, discharged from the service with a bad conduct discharge and ordered to forfeit pay.

An Army Court of Military Review approved the findings and sentence on May 19, 1992, except for the bad conduct discharge.

In December 1991, the Jefferson County Grand Jury indicted Booth for rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, endangering the welfare of a child and incest. The charges related to the same conduct for which Booth was tried and court-martialled.

Booth sought dismissal of the indictment on statutory double jeopardy grounds (see, CPL 40.20, 40.30). County Court denied the motion and the instant prohibition proceeding was commenced in the Appellate Division, which granted the writ. This Court granted leave to appeal.