UCMJ Article 120a – Stalking

UCMJ Article 120a criminalizes stalking by service members. Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, or to suffer significant emotional distress. This article was added to the UCMJ to address repeated harassment and intimidation, which undermines trust, safety, and discipline within the military.

The offense recognizes that threats to safety can occur not only through direct violence but also through repeated and unwanted attention or harassment. Article 120a protects service members, their families, and others from being targeted in ways that disrupt their lives and damage unit morale.

Key Elements

To convict under Article 120a, the prosecution must prove:

  1. That the accused wrongfully engaged in a course of conduct directed at a specific person.
  2. That the conduct would cause a reasonable person to fear death or bodily harm, or to suffer emotional distress.
  3. That the accused intended to cause fear or distress, or knew that their conduct would likely do so.
  4. That the conduct was wrongful and without lawful purpose.

Scope and Application

Article 120a applies to conduct such as:

  • Following a person repeatedly without consent.
  • Repeatedly sending threatening or harassing messages.
  • Monitoring or surveilling a person without lawful reason.
  • Creating a pattern of intimidation that causes fear or distress.

The law does not prohibit lawful contact, such as professional duties or authorized investigations. The focus is on harassment and intimidation that a reasonable person would find threatening.

Punishment

The maximum punishment includes dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 3 years.

Defenses

Possible defenses include:

  • Lawful purpose: Conduct carried out for legitimate reasons, such as official duties.
  • No pattern of conduct: A single act is not stalking; the law requires a course of conduct.
  • Lack of intent: If the accused did not intend, and could not reasonably know, that the conduct would cause fear or distress.
  • Consent: In rare cases, ongoing contact may not be wrongful if it was invited or consented to.

Examples

If a soldier follows another service member repeatedly after being told to stop, Article 120a applies. If a sailor sends harassing messages daily to a former partner, that qualifies as stalking. If a Marine uses surveillance equipment to track a person without authority, it falls under this offense. By contrast, a single encounter without threatening context does not meet the standard.

Conclusion

Article 120a demonstrates the UCMJ’s commitment to protecting individuals from harassment and intimidation. By criminalizing stalking, the military ensures that service members can live and work free from fear and emotional abuse. The article reinforces that persistence in unwanted contact, when harmful or threatening, is incompatible with military discipline and professionalism.

Frequently Asked Questions

1. What is a “course of conduct” under Article 120a?
It means two or more acts that form a pattern of behavior directed at a specific person, such as repeated following or contacting.

2. Does stalking require physical contact?
No. It can include electronic communication, surveillance, or repeated unwanted attention.

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

4. Does the victim need to actually feel fear?
The standard is whether a reasonable person in the victim’s position would feel fear of death, bodily harm, or emotional distress.

5. Can professional duties count as stalking?
No. Conduct carried out for lawful and official purposes, such as investigations, does not qualify as stalking.

6. Can one incident qualify as stalking?
No. Stalking requires a course of conduct, meaning repeated acts. A single event does not satisfy this requirement.

7. Does Article 120a apply to online harassment?
Yes. Repeated threatening or harassing messages online or through social media can constitute stalking.

8. What if the accused did not realize their conduct caused fear?
If a reasonable person would have known the conduct was likely to cause fear or distress, liability may still attach.

9. Does stalking under Article 120a apply to civilians?
It applies to service members subject to the UCMJ. Civilians are covered by civilian laws unless specifically subject to military jurisdiction.

10. Why is Article 120a important?
Because repeated harassment and intimidation destroy morale, harm victims, and disrupt discipline. By punishing stalking, the UCMJ preserves safety and trust within the armed forces.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 920a, Article 120a
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0150
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Gutierrez, 73 M.J. 172 (2014)
  • 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 120a or any other UCMJ provision, you should consult a qualified military attorney.

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