UCMJ Article 114 – Dueling

UCMJ Article 114 prohibits service members from engaging in dueling, provoking or accepting a challenge to duel, or acting as a second in arranging a duel. Dueling refers to a prearranged combat between two people, usually with deadly weapons, to settle a private dispute or question of honor. While the practice is obsolete in modern times, the article remains part of the UCMJ because the military cannot tolerate any form of private combat that threatens life, discipline, or good order.

The purpose of Article 114 is to prevent violent personal conflicts that bypass lawful authority. The military expects disputes to be resolved through official channels, not through individual fights staged under the guise of honor. By criminalizing dueling, the UCMJ reinforces the idea that self-help violence undermines the cohesion and discipline essential to armed forces.

Key Elements

The prosecution must prove that the accused:

  1. Fought or attempted to fight a duel, or
  2. Sent or accepted a written or verbal challenge to fight a duel, or
  3. Acted as a second in arranging or assisting in a duel.

A “duel” is defined as a prearranged combat with dangerous or deadly weapons between two persons to settle a quarrel.

Scope and Application

Article 114 applies whether or not the duel actually takes place. The offense is complete once a service member accepts or provokes a challenge with genuine intent. Acting as a second—someone who arranges or supervises the duel—is equally punishable.

The provision applies worldwide to all service members, in peacetime and wartime. While dueling is rare today, the article continues to serve as a safeguard against any attempt to revive or justify such conduct.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Although the maximum penalty is lighter than those for combat-related crimes, it reflects the seriousness of discouraging private violence in the ranks.

Defenses

Possible defenses include:

  • No intent to duel: If the alleged challenge was not genuine but joking.
  • Self-defense: If the fight was spontaneous and not prearranged as a duel.
  • Lack of proof: If the government cannot prove the accused intended to settle a dispute by duel.

Examples

  • A soldier issues a formal challenge to another to settle an insult with pistols at dawn.
  • Two sailors agree to a prearranged knife fight to resolve a dispute over gambling.
  • Marines act as “seconds,” setting the rules of combat and supervising the duel.

Each of these examples would be punishable under Article 114. By contrast, a spontaneous bar fight without prearrangement is not a duel, although other UCMJ articles may apply.

Conclusion

Article 114 illustrates the military’s commitment to discipline over personal vengeance. Even though dueling is historically outdated, the rule remains in place to ensure that service members resolve disputes lawfully and professionally. Allowing private combat would undermine authority, encourage violence, and erode unit cohesion.

Frequently Asked Questions

1. What exactly is a duel under Article 114?
A duel is a prearranged fight with dangerous or deadly weapons between two people to resolve a private dispute. The agreement and intent make it a duel, not a spontaneous fight.

2. Does a fistfight count as a duel?
Not usually. A duel requires prearrangement and weapons. A spontaneous brawl may violate other UCMJ articles such as assault, but not Article 114.

3. Can someone be punished just for challenging another to a duel?
Yes. The offense is complete once a challenge is made or accepted, even if the duel never occurs.

4. What is a “second” in a duel?
A second is someone who arranges or supervises the duel, often ensuring rules are followed. Acting as a second is punishable under Article 114.

5. What is the maximum punishment?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 1 year.

6. Is dueling still a real issue in the military?
No, it is virtually nonexistent today, but the article remains in place as a safeguard.

7. Can joking about a duel be prosecuted?
No. The challenge must be serious and intended to lead to combat. Joking statements are not dueling.

8. Why does the UCMJ include this article if dueling is obsolete?
Because the military needs clear prohibitions against all forms of violent self-help, regardless of tradition.

9. Does Article 114 apply off duty?
Yes. It applies to service members worldwide, whether on or off duty.

10. Why is dueling treated differently from ordinary fighting?
Because it is a formalized, prearranged combat with deadly weapons, which elevates the risk and undermines lawful authority more seriously than spontaneous fighting.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 914, Article 114
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0142
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Cline, 29 C.M.R. 1 (1960)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 114 or any other UCMJ provision, you should consult a qualified military attorney.

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