Articles Of UCMJ

This enumerated offense under Article 134 punishes a military prisoner who becomes drunk while in confinement or custody. Discipline within correctional facilities is critical to order and security, and intoxication by prisoners threatens that discipline. Alcohol (or other intoxicants) impairs judgment, increases the risk of violence or escape, and undermines the authority of correctional personnel. Key Elements The prosecution must prove: Scope and Application This offense applies to: It does…

This enumerated offense under Article 134 punishes service members who wrongfully provide, give, or drink liquor with a military prisoner. The offense exists to maintain discipline, good order, and the integrity of confinement or correctional facilities. Drinking liquor with prisoners blurs the lines of authority, undermines security, and can discredit the armed forces in the eyes of both the public and the military community. Key Elements The prosecution must prove:…

This enumerated offense under Article 134 punishes service members who wrongfully and openly cohabit with another person in a marital-like relationship without being legally married. The offense exists because such relationships, when exposed, can bring discredit upon the armed forces, harm unit cohesion, and undermine military values regarding family integrity and responsibility. While the military does not criminalize all personal relationships, wrongful cohabitation becomes punishable when it is notorious, scandalous,…

This enumerated offense under Article 134 punishes service members who make, draw, utter, or deliver a check, draft, or order for the payment of money without having sufficient funds or credit and who dishonorably fail to maintain funds to cover it. The military treats this conduct as serious because it reflects dishonesty, damages financial trust, and brings discredit upon the armed forces. Key Elements The prosecution must prove: Scope and…

This enumerated offense under Article 134 punishes service members who offer, give, solicit, or accept anything of value with the intent to influence official action, or who wrongfully profit from their official position. Bribery and graft strike at the core of military integrity because they corrupt decision-making, damage trust, and discredit the armed forces. Key Elements Bribery Graft Scope and Application This article covers: The distinction: bribery requires intent to…

This enumerated offense under Article 134 punishes a service member who wrongfully solicits or advises another person to commit a crime under the UCMJ. Solicitation undermines discipline because it spreads misconduct, corrupts others, and shows deliberate intent to violate the law, even if the solicited crime is never carried out. Key Elements The prosecution must prove: Scope and Application This offense covers: The offense is complete once the solicitation is…

This enumerated offense under Article 134 punishes service members who unlawfully interfere with or commit misconduct against correctional custody. Correctional custody is a form of non-judicial punishment or administrative restraint where a service member is restricted, supervised, and required to perform duties under specific conditions. Any act that disrupts this system — whether by the individual in custody or by others — undermines military authority, discipline, and accountability. Key Elements…

This enumerated offense under Article 134 punishes service members who, after being granted parole from confinement, violate the conditions of their release. Parole is a privilege that allows an individual to serve part of a sentence under supervision outside confinement. Because it is based on trust, violating parole undermines the integrity of the system, discredits the armed forces, and shows disregard for lawful authority. Key Elements The prosecution must prove:…

This enumerated offense under Article 134 punishes service members who persuade, induce, or procure another person to commit perjury. Because the military justice system depends on truthful testimony, attempting to corrupt witnesses undermines fairness, discipline, and the credibility of the armed forces. Subornation of perjury is considered just as serious as committing perjury under Article 131. Key Elements The prosecution must prove: Scope and Application This offense covers: The key…

This enumerated offense under Article 134 punishes service members who make statements that show disloyalty toward the United States with the intent to promote disaffection or undermine loyalty to the nation. Because the armed forces depend on allegiance, discipline, and unity, disloyal speech can damage morale, weaken trust, and bring discredit upon the service. This article is not intended to stifle free expression broadly. It applies to statements that cross…

This enumerated offense under Article 134 punishes service members who dishonorably fail to pay a lawful debt. Financial responsibility is considered part of military discipline because failure to meet obligations harms trust, damages the armed forces’ reputation, and can disrupt unit morale. Not every unpaid debt is criminal — the government must prove the failure was dishonorable, showing deceit, evasion, or willful neglect. Key Elements The prosecution must prove: Scope…

This enumerated offense under Article 134 punishes service members who, through design or culpable negligence, endanger the mental or physical health, safety, or welfare of a child under 16 years of age. The military considers this a grave offense because protecting dependents and minors is fundamental to discipline, morale, and the reputation of the armed forces. Child endangerment does not require actual injury. The offense is complete when the accused’s…

This enumerated offense under Article 134 punishes service members who wrongfully wear military insignia, decorations, ribbons, badges, devices, or lapel buttons that they are not authorized to wear. The military takes this misconduct seriously because unauthorized wear undermines the integrity of awards, dishonors those who earned them, and damages public trust in the armed forces. This offense is closely related to federal laws against “stolen valor” but applies specifically to…

This enumerated offense under Article 134 punishes service members who wrongfully carry a concealed weapon without proper authority. A “concealed weapon” is any dangerous or deadly instrument hidden on a person or in their immediate control that could be used to inflict harm. The military prohibits unauthorized concealed weapons because they pose risks to discipline, safety, and good order both on and off duty. The offense applies worldwide and reinforces…

This enumerated offense under Article 134 punishes service members who wrongfully enter the property of another without authority. The offense reinforces respect for property rights, privacy, and security. Unlike burglary (Article 129) or housebreaking (Article 130), unlawful entry does not require intent to commit another crime — the wrongful entry itself is enough to be punishable if it undermines discipline or discredits the armed forces. Key Elements The prosecution must…

This enumerated offense under Article 134 punishes service members who wrongfully communicate a threat to injure another person, their property, or a third party. Discipline in the armed forces requires trust, respect, and order, and threatening language undermines that foundation. Unlike mere profanity or insults, a punishable threat is one that a reasonable person would interpret as a serious expression of intent to cause harm. This article is closely related…

This enumerated offense under Article 134 punishes service members who create or spread false threats, hoaxes, or warnings with the intent to cause panic, fear, or disruption. The military treats these acts as serious misconduct because they undermine discipline, disrupt operations, and can create chaos within units or civilian communities. Even if no actual harm occurs, the intentional spread of fear damages trust in the armed forces. This offense is…

This enumerated offense under Article 134 punishes a service member who wrongfully refuses to testify when lawfully required to do so. The integrity of the military justice system depends on witness testimony, and refusal to testify can obstruct investigations, delay justice, and discredit the armed forces. While the right against self-incrimination is protected under Article 31(b) of the UCMJ and the Fifth Amendment, wrongful refusal occurs when a service member…

This enumerated offense under Article 134 punishes service members who, without proper authority, fall behind, stray, or otherwise separate themselves from their unit, organization, or assigned duty while marching, moving, or on the march. Straggling undermines discipline, delays unit movement, and jeopardizes mission readiness. Even if no harm results, the offense reflects poor discipline and lack of accountability in military operations. Straggling is different from AWOL under Article 86. AWOL…

This enumerated offense under Article 134 punishes service members who knowingly receive, buy, or conceal stolen property. The misconduct is distinct from larceny under Article 121, which covers the actual theft. Here, the offense targets those who benefit from or assist in hiding stolen goods, even if they did not steal them. The military treats this offense seriously because it enables theft, undermines trust, and damages the reputation of the…

This enumerated offense under Article 134 punishes misconduct either committed against a sentinel or lookout on duty, or misconduct by a sentinel or lookout who fails to properly perform their duties. Sentinels and lookouts hold critical positions in military security, responsible for guarding installations, protecting personnel, and providing early warnings. Any misconduct in this context undermines safety, security, and the effectiveness of the armed forces. Because sentry duty is vital,…

This enumerated offense under Article 134 punishes service members who intentionally injure themselves without the specific intent of avoiding service. While malingering under Article 115 addresses self-harm to evade duty, Article 134 focuses on wrongful self-injury committed for other reasons, such as emotional disturbance, personal problems, or attempts to gain attention. The military views self-injury as misconduct when it undermines discipline, threatens unit morale, or brings discredit upon the armed…

This enumerated offense under Article 134 punishes service members who destroy, remove, or otherwise dispose of property in order to prevent it from being lawfully seized. The offense is closely tied to maintaining integrity in investigations, inspections, and lawful authority. Destroying or hiding property to avoid accountability undermines discipline, obstructs justice, and brings discredit upon the armed forces. The article applies to both government and private property if it is…