UCMJ Article 122: Robbery

Robbery is theft committed face to face, with force or fear as the tool that overcomes the victim’s will. That combination of taking and intimidation is why military law treats it far more seriously than quiet stealing. Article 122 of the Uniform Code of Military Justice defines robbery and sets the penalties for it, drawing a sharp line between a property crime and a violent one.

Codified at 10 U.S.C. 922, the article reaches any taking of something of value from the person or presence of another, against that person’s will, accomplished by force or violence or by fear of injury. The fear element can rest on a threat of immediate or future harm, and it need not be aimed only at the victim: a threat against a relative, a family member, or anyone in the victim’s company at the time can supply the coercion the offense requires.

What the offense covers

Robbery joins the taking required for larceny with a distinct means element. Typical situations include taking a wallet, phone, or gear by assaulting the owner, demanding property at knifepoint, or compelling a person to hand over belongings by threatening harm. The property may belong to a civilian, another service member, or the Government. What converts the taking into robbery is that it is achieved against the will of the person in possession through force, violence, or fear, rather than by stealth.

What the government must prove

To secure a conviction, the prosecution must prove each element beyond a reasonable doubt:

  • That the accused wrongfully took certain property from the person or from the presence of another.
  • That the taking was against the will of the victim.
  • That the taking was by means of force, violence, or fear of immediate or future injury to the victim, a relative, a family member, or anyone in the victim’s company at the time.
  • That the property belonged to another person.
  • That the property was of some value.
  • That the taking was with the intent to permanently deprive the person of the use and benefit of the property.

The force or fear must precede or accompany the taking; it is what makes the victim part with the property. Where property is taken without any confrontation, an essential element is missing and the conduct is larceny rather than robbery.

Maximum punishment

The maximum punishment depends on whether a weapon was involved. In the ordinary case, robbery is punishable by a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. When the robbery is committed with a firearm or other dangerous weapon, the maximum confinement rises to 15 years, along with a dishonorable discharge and total forfeiture. For offenses committed on or after December 27, 2023, the sentence at a general court-martial is adjudged by the military judge under the sentencing framework adopted in recent reforms, with these figures defining the maximum. Older descriptions that list life imprisonment for armed robbery reflect a prior framework and do not match the current Manual maximums.

Possible defenses

  • No force, violence, or fear, where the property was taken without confrontation, which points to larceny rather than robbery.
  • Consent, where the person voluntarily gave the property, defeating the “against the will” element.
  • Claim of right, where the accused honestly believed the property was their own or that they were entitled to take it, negating wrongful intent.
  • No intent to permanently deprive, where the facts show only a temporary taking, although the use of force may still support a separate assault charge.

Distinctions from related offenses

The central comparison is with larceny under Article 121. Both involve a wrongful taking with intent to permanently deprive, but robbery adds the requirement that the taking be from the person or presence of the victim and be accomplished by force, violence, or fear. Strip away the confrontation and the case becomes larceny. Robbery also overlaps factually with assault under Article 128, because the force or threat used to take the property is itself an assault; the offenses are distinct, and the assault is effectively absorbed into the robbery when both arise from the same act. Extortion under Article 127 likewise involves obtaining something by threat, but it is directed at acquiring money, property, or an advantage through a communicated threat rather than an immediate taking from the person.

Frequently asked questions

What separates robbery from larceny?
Robbery requires that the property be taken from the person or presence of the victim by force, violence, or fear. Larceny is a wrongful taking accomplished without that confrontation. The means element is the dividing line.

Does the victim have to be injured?
No. A threat that places the victim in fear of immediate or future injury is enough. Actual physical harm is not required, although it can aggravate the offense.

How does a weapon change the punishment?
Using a firearm or other dangerous weapon raises the maximum confinement from 10 years to 15 years, in addition to a dishonorable discharge and total forfeiture of pay and allowances.

Can the threat be directed at someone other than the victim?
Yes. The statute reaches fear of injury to the victim, a relative, a family member, or anyone in the victim’s company at the time of the robbery.

Can an unsuccessful robbery be charged?
Yes. An incomplete attempt may be prosecuted as attempted robbery under Article 80, which generally carries a lesser maximum than the completed offense.

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

Sources

  • 10 U.S.C. 922, Article 122 (Robbery): https://www.law.cornell.edu/uscode/text/10/922
  • 10 U.S.C. 922 via the U.S. House Office of the Law Revision Counsel: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section922
  • Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Portals/99/2024%20MCM%20files/MCM%20(2024%20ed)%20(20240102)%20(adjusted%20bookmarks).pdf
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ

Related:

  1. UCMJ Article 87a: Resistance, Flight, Breach of Arrest, and Escape When a service member is taken into custody, ordered into arrest, or placed in confinement, military law expects that restraint to hold until a proper authority lifts it. Article 87a......
  2. UCMJ Article 128: Assault A shove in a barracks hallway, a fist raised during a heated argument, a weapon pointed at another service member, a chokehold that cuts off a person's breath: each of......
  3. UCMJ Article 114: Carrying a Concealed Weapon A hidden knife in a waistband, a pistol tucked under civilian clothes off duty, brass knuckles slipped into a pocket on liberty overseas: each can place a service member under......
  4. UCMJ Article 101: Improper Use of a Countersign In the field, a countersign can be the difference between a friend admitted and an enemy turned away. A countersign, paired with its parole, is a secret word or phrase......
  5. UCMJ Article 87: Missing Movement When a ship, an aircraft, or a unit is scheduled to move, every member required to be aboard or present is part of the plan, and a single absence can......
  6. UCMJ Article 105a: False or Unauthorized Pass Offenses The armed forces depend on accurate control of who may be absent, who may enter a restricted area, and who is who. Passes, permits, discharge certificates, and identification cards are......
  7. UCMJ Article 134: Wrongful Cohabitation Two service members who live together without being married rarely imagine that their living arrangement could draw a court-martial charge. For most couples it never will. But the military reserves......
  8. UCMJ Article 128a: Maiming A service member who deliberately leaves another person permanently scarred, blinded, or missing the use of a limb has done something the military treats as far graver than an ordinary......
  9. UCMJ Article 104: Public Records Offenses Military administration runs on records. Pay accounts, evaluation reports, personnel files, investigation findings, and medical histories all depend on documents that are accurate and intact. A service member who tampers......
  10. UCMJ Article 131a: Subornation of Perjury A court-martial, an investigation, and a preliminary hearing all depend on sworn testimony being truthful. A service member who persuades another person to lie under oath attacks that foundation directly.......
  11. UCMJ Article 131d: Wrongful Refusal to Testify Military justice depends on witnesses who answer when lawfully directed to do so. A service member who is ordered to take the stand or to answer a specific question, and......
  12. UCMJ Article 134: Drunk and Disorderly Conduct Intoxication that spills into a public disturbance, a fight, or scandalous behavior reflects on more than the individual; it reflects on the unit and the service. The armed forces expect......
  13. UCMJ Article 108: Loss, Damage, Destruction, or Wrongful Disposition of US Military Property Military readiness depends on the equipment in a service member's hands: rifles, vehicles, aircraft, radios, and the countless tools issued for the mission. When that property is sold off, destroyed,......
  14. UCMJ Article 122a: Receiving Stolen Property A service member who never stole anything can still face a court-martial for what happens to stolen goods afterward. When someone knowingly takes in, buys, or hides property that another......
  15. UCMJ Article 116: Riot or Breach of Peace Collective disorder inside the armed forces carries a danger that ordinary civilian disturbances do not. When service members fight in a barracks, storm through a town near a base, or......