Name: Richard J. Lloyd
Case: United States v. Lloyd No. 96-0098
Date Of Conviction: October 17, 1993
Argued October 2, 1996
Decided February 20, 1997
Plea: Guilty
Charges: Rape & Sodomy Of A Child
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? NO
On August 26, 1993, at McConnell Air Force Base, Kansas, appellant was tried by a general court-martial. Pursuant to his pleas, he was convicted of attempting to commit an indecent act on CW, his stepdaughter, raping SW, his other stepdaughter, committing sodomy with SW (4 specifications) and committing indecent acts with SW (2 specifications) and CW in violation of Articles 80, 120, 125, and 134, Uniform Code of Military Justice, 10 USC §§ 880, 920, 925, and 934, respectively.
Officer members sentenced appellant to a dishonorable discharge, confinement for 15 years, forfeiture of all pay and allowances, and reduction to the grade of E-1.
On October 17, 1993, the convening authority approved the findings of guilty, reduced the forfeitures to $450 per month for 180 months to comply with a pretrial agreement, but otherwise approved the remainder of the adjudged sentence.
On August 24, 1995, the Court of Criminal Appeals affirmed the findings and sentence. 43 MJ 886 (1995).
Specification 1 of Charge III and the guilty plea record in this case show multiple acts of sodomy, i.e., cunnilingus, with a young girl at Wichita, Kansas, on divers occasions between August 1, 1988, and December 1, 1991.
Specification 3 of Charge III and the guilty plea record reveal a single act of sodomy, i.e., fellatio, with the same young girl at the same place between March 1, 1991, and December 1, 1991.
Since sodomy by definition is complete upon penetration of any type, all of the above acts clearly constitute discrete offenses of sodomy.
Admittedly, the victim is the same in all three specifications, and the place each offense alleged in these specifications took place is the same, i.e., "at or near Wichita, Kansas."
Also, the combined period of time when the indecent acts occurred includes the entire period when the alleged rapes occurred. However, the indecent acts and rape specifications all allege that these acts occurred during these periods "on divers occasions."
The decision of the United States Air Force Court of Criminal Appeals is affirmed.
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Richard J. Lloyd
Technical Sergeant U.S. Air Force
Convicted Sex Offender
Rape & Sodomy Of A Child
