UCMJ Article 115 – Communicating Threats

UCMJ Article 115 criminalizes wrongful communication of threats by service members. A threat under military law is an expression, either oral, written, or by gesture, of an intent to inflict injury or damage. Because threats undermine discipline, morale, and trust, they are treated as a serious offense even if the accused never intended to carry out the act.

The article is not designed to punish ordinary arguments or emotional outbursts that clearly lack seriousness. Instead, it focuses on threats that a reasonable person would interpret as genuine and that could disrupt order in the armed forces.

Key Elements

To prove a violation of Article 115, the prosecution must establish:

  1. That the accused communicated a certain language, writing, or gesture to another person.
  2. That the communication amounted to a threat to injure the person, their property, or a third party.
  3. That the threat was wrongful.
  4. That the accused intended the statement or gesture to be taken as a threat.

Scope and Application

Article 115 applies in a wide range of situations:

  • Threatening to harm another service member.
  • Threatening to damage military or civilian property.
  • Threatening acts of violence against command or government authority.
  • Threats made in person, in writing, over electronic communication, or by gesture.

The focus is on whether the communication would cause a reasonable person to feel threatened, not whether the accused could carry it out.

Punishment

The maximum punishment under Article 115 is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Defenses

Possible defenses include:

  • Lack of intent: The accused did not intend the words or gestures as a genuine threat.
  • Not wrongful: The communication was part of lawful training, orders, or joking banter clearly understood as non-serious.
  • No reasonable perception: A reasonable person would not have interpreted the words or gestures as a threat.
  • Freedom of expression: In rare cases, protected speech considerations may arise, though military necessity usually outweighs them.

Examples

If a soldier tells a superior, “I’ll kill you if you give me that duty again,” Article 115 applies. If a sailor emails another service member threatening to damage their car, that is punishable. If a Marine makes a joke among close friends that is clearly understood as humor, it may not qualify as a wrongful threat.

Conclusion

UCMJ Article 115 is an important safeguard for discipline and safety within the military. By punishing wrongful threats, it ensures that service members can rely on a secure and respectful environment. The article balances enforcement with fairness by requiring proof that the accused intended their words or actions to be understood as threats.

Frequently Asked Questions

1. What qualifies as a threat under Article 115?
Any oral, written, or gestured communication that expresses intent to inflict harm on a person or property, provided it is wrongful and meant to be taken seriously.

2. Does the threat need to be carried out?
No, the offense is complete once the wrongful threat is communicated. Actual follow-through is not required.

3. Can jokes be considered threats?
Not if it is clear that the statement was in jest and no reasonable person would interpret it as serious. Context is critical.

4. What is the maximum punishment?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

5. Does Article 115 cover electronic communications?
Yes, threats made by text, email, or social media fall within the scope of the article.

6. What if the accused lacked the ability to carry out the threat?
Ability is not required. The key issue is whether the statement was communicated as a threat.

7. How is Article 115 different from assault?
Assault involves an attempt or offer to inflict bodily harm, while a threat is only a communicated expression of intent.

8. Can threats to property be punished?
Yes, threats to damage vehicles, homes, or other property are punishable under Article 115.

9. What if the threat was made under provocation or stress?
Provocation may mitigate punishment, but it is not a complete defense. Intent and perception still matter.

10. Why does the military treat threats so seriously?
Because threats erode discipline, disrupt unit cohesion, and can escalate into real violence. The article deters intimidation and preserves order.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 915, Article 115
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0143
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Brown, 65 M.J. 227 (2007)
  • 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 115 or any other UCMJ provision, you should consult a qualified military attorney.

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