UCMJ Article 122 – Robbery

UCMJ Article 122 criminalizes robbery, which is the unlawful taking of property from another person or in their presence, against their will, by means of violence, force, or intimidation. Robbery is considered more serious than larceny under Article 121 because it involves direct confrontation and threat or use of force. This offense undermines discipline, endangers lives, and damages trust both within the military and with civilian communities.

The article applies to service members worldwide and covers robbery of military personnel, civilians, government property, and personal property. The presence of violence or intimidation distinguishes robbery from simple theft, making it one of the most serious property crimes under the UCMJ.

Key Elements

To convict under Article 122, the prosecution must prove:

  1. That the accused wrongfully took property from the possession of another, or in their presence.
  2. That the property belonged to another person.
  3. That the taking was against the victim’s will.
  4. That the taking was accomplished by means of violence, force, or intimidation.
  5. That the intent was to permanently deprive the person of the property.

Scope and Application

Robbery under Article 122 includes:

  • Mugging or assaulting someone to steal their wallet, phone, or gear.
  • Threatening another service member with violence to take their belongings.
  • Using weapons or physical force to seize property.
  • Taking government or civilian property in the presence of its owner through intimidation.

Even if the victim is not injured, the use or threat of force is sufficient to make the offense robbery rather than larceny.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 15 years.
  • If committed with a firearm or dangerous weapon, or if grievous bodily harm is inflicted: Confinement for up to life, dishonorable discharge, and forfeiture of all pay and allowances.

Defenses

Possible defenses include:

  • Lack of force or intimidation: If the property was taken without confrontation, the offense may be larceny, not robbery.
  • Consent: If the alleged victim willingly gave the property, there is no robbery.
  • Mistake of fact: If the accused believed the property was theirs or that they had a right to it.
  • No intent to permanently deprive: Temporary borrowing without intent to steal does not meet the element of robbery.

Examples

If a soldier threatens another with a knife to take their wallet, Article 122 applies. If a Marine punches a civilian and steals their phone, it is robbery. If an airman demands money from another service member by intimidation in a barracks room, it qualifies. However, if property is quietly stolen without force or threat, that is larceny under Article 121, not robbery.

Conclusion

Article 122 punishes robbery as a serious breach of discipline and safety within the armed forces. By criminalizing violent or intimidating theft, it deters acts that could escalate into serious harm and ensures accountability for service members who commit such crimes. Enforcement of Article 122 helps maintain trust within military units and between the military and civilian populations.

Frequently Asked Questions

1. How does robbery differ from larceny under the UCMJ?
Robbery requires the use of violence, force, or intimidation to take property directly from a person or in their presence. Larceny involves wrongful taking but without confrontation or threat. This distinction makes robbery a much more serious offense than larceny.

2. What is the maximum punishment for robbery under Article 122?
The maximum punishment is confinement for 15 years, dishonorable discharge, and forfeiture of all pay and allowances. If the robbery involves a firearm, dangerous weapon, or causes grievous bodily harm, the punishment can extend to life imprisonment. These severe penalties reflect the danger robbery poses to victims.

3. Can robbery occur without physical injury to the victim?
Yes. The use of intimidation or threat alone is enough to make the act robbery. Even if no injury occurs, the act of instilling fear and taking property against someone’s will is sufficient. Actual physical harm only increases the seriousness of the offense.

4. Does the property have to belong to a civilian?
No. Robbery can involve property of civilians, other service members, or the U.S. government. The critical factor is that the property was taken wrongfully, against the will of the person in possession, through force or intimidation. Ownership status does not eliminate liability.

5. What if the accused only intended to borrow the property?
Robbery requires intent to permanently deprive the victim of their property. If the intent was to borrow temporarily and return the item, the act may not meet the definition of robbery. However, the use of force may still constitute another offense, such as assault.

6. Can robbery be charged if the victim was asleep?
If property is taken while the victim is asleep without force or intimidation, it is larceny, not robbery. Robbery requires direct confrontation, threat, or violence. However, if the victim is awakened and threatened, it may become robbery.

7. How does the use of a weapon affect punishment?
Use of a firearm or dangerous weapon significantly increases the maximum punishment. The offense can result in life imprisonment if the robbery involves weapons or results in grievous bodily harm. The presence of a weapon makes the crime far more dangerous.

8. Can attempted robbery be punished under Article 122?
Yes. Even if the robbery is not completed, an attempt can be prosecuted under Article 80 in conjunction with Article 122. Attempted robbery carries severe penalties, though generally less than a completed offense.

9. Does Article 122 apply worldwide?
Yes. The UCMJ applies to service members regardless of location. Robbery committed overseas, in combat zones, or in civilian communities near bases can all be prosecuted under Article 122.

10. Why is robbery treated so seriously in the military?
Because it combines theft with violence or intimidation, creating a direct threat to life, safety, and discipline. Robbery undermines trust and order in both military and civilian settings. Strict enforcement ensures that service members uphold standards of conduct and accountability.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 922, Article 122
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0153
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Hicks, 24 M.J. 3 (1987)
  • 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 122 or any other UCMJ provision, you should consult a qualified military attorney.

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