New Grant: Simpson--Aiding in Distributing Images to Yourself

​A new grant from Tuesday with a fascinating issue:

​"Order Granting Petition for Review
 
No. 20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268. On consideration of Appellant's petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:
 
WHETHER IT IS LEGALLY IMPOSSIBLE FOR APPELLANT TO BE CONVICTED OF DISTRIBUTING INDECENT IMAGES TO HIMSELF UNDER ARTICLE 77, UCMJ, WHEN THE PLAIN LANGUAGE OF ARTICLE 120c(d)(5), UCMJ REQUIRES THE IMAGES BE DISTRIBUTED TO "ANOTHER.""

Lower court opinion here.

Apparently he was charged as an aider and abettor to distribution when he received images of the victim from another person. Provisionally I will opine that this is how aiding and abetting liability should play out, and that this was rightly decided. However, it also demonstrates a limitation of the doctrine (due to its overbreadth). 

Brenner Fissell

EIC