Timothy D. Webb
Corporal (E-4), U.S. Marine Corps
Convicted Sex Offender
Sodomy On A Minor Child
Name: Timothy D. Webb
Case: U.S. v. Webb No. NMCCA 200101957
Date Of Conviction: March 16, 2000
Plea: Guilty
Charges: Sodomy On A Minor Child
Military Branch: U.S. Marine Corps
Listed In National Sex Offenders Registry? YES - Here
Review pursuant to Article 66(c), UCMJ, of General Court-Martial convened by Commanding General, Marine Corps Base, Quantico, VA
A military judge, sitting as a general court-martial, convicted the appellant, pursuant to his pleas, of sodomy on divers occasions with a male under the age of 16 years, committing indecent acts on divers occasions with the same underage individual, and the receipt and possession of child pornography by use of his personal computer.
The appellant’s crimes violated Articles 125 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 925 and 934, and 18 U.S.C. §§ 2252A(a)(2) and (a)(5). The appellant was convicted in Specifications 2 and 3 of Charge II of the receipt and possession of child pornography, both on divers occasions.
The military judge sentenced the appellant to a dishonorable discharge, confinement for 10 years, forfeiture of all pay and allowances, and reduction to pay grade E-1.
The convening authority (CA) approved the adjudged sentence and, in accordance with the terms of a pretrial agreement, suspended confinement in excess of 8 years for 12 months from the date of trial.
During the sentencing phase of the appellant’s court-martial the Government called SA Lanning as a witness. He was accepted as an expert witness in the behavioral aspects of the sexual victimization of children.
He testified that he considered this case to be one dealing with a "preferential seduction molester," and that the appellant had interacted with the victim "through a seduction process.".
He placed the appellant in the category of "the most persistent and prolific of all child molesters." He noted that such molesters have recidivism rates twice as high as those who have a preference for females and that "men who victimize boys outside the family generally have the highest number of victims."
He further testified that the appellant is of the type that would be very difficult to change, and that he would consider him extremely dangerous because of the potential for "astronomical numbers of victims."
The findings of guilty to Specifications 2 and 3 of Charge II are set aside and those Specifications are dismissed. We affirm the remaining findings of guilty. The sentence is set aside.
The record of trial is returned to the Judge Advocate General of the Navy for remand to an appropriate CA who may order a sentencing rehearing. If a rehearing on sentencing is impractical, the CA may approve a sentence of no punishment
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Sexual Offender
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