UCMJ Article 124 – Maiming

UCMJ Article 124 criminalizes maiming, which is unlawfully inflicting an injury that seriously disfigures, destroys, or disables a part of the body. The offense requires more than simple assault: the injury must permanently reduce the victim’s physical integrity or appearance. Because maiming causes long-term or irreversible harm, it is punished more harshly than ordinary assault under Article 128.

Maiming undermines discipline, trust, and the safety of service members. It is treated as a grave offense within the armed forces, reflecting the seriousness of intentionally or recklessly causing permanent injury.

Key Elements

The prosecution must prove:

  1. That the accused inflicted an injury upon another person.
  2. That the injury seriously disfigured, destroyed, or disabled a body part or organ.
  3. That the act was done intentionally and wrongfully.
  4. That the victim was another human being subject to the protections of the UCMJ.

Scope and Application

Maiming includes:

  • Cutting off or disabling a limb.
  • Destroying an organ or sense, such as eyesight or hearing.
  • Inflicting permanent disfigurement, such as severe facial scarring.
  • Acts intended to cripple, disfigure, or render a person permanently less capable.

The offense applies whether the victim is a service member, civilian, or detainee under U.S. military control.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 20 years.

Defenses

Possible defenses include:

  • Accident: If the injury occurred without wrongful intent.
  • Self-defense: If the injury was inflicted while lawfully defending oneself or others.
  • Lack of permanence: If the injury, though serious, was not permanent or disabling.
  • Consent: In rare cases, where the victim consented to the act (though generally not a full defense in serious injury cases).

Examples

If a soldier cuts another’s face with a knife in a fight, leaving permanent scars, that is maiming. If a Marine deliberately blinds a fellow service member during an altercation, Article 124 applies. If an airman intentionally cripples another by breaking bones so badly that permanent disability results, this offense is established. By contrast, a broken arm that heals fully may not qualify as maiming.

Conclusion

Article 124 punishes intentional acts that cause permanent injury or disfigurement. By distinguishing maiming from lesser assaults, the UCMJ ensures proportional punishment for the most severe cases of personal violence. Enforcement of Article 124 reinforces military discipline, accountability, and respect for the physical integrity of all individuals.

Frequently Asked Questions

1. What makes maiming different from assault under Article 128?
Maiming requires proof of permanent disfigurement or disability, while assault may involve temporary harm. The distinction is based on the seriousness and permanence of the injury. Because of its severity, maiming carries much harsher penalties than assault. Service members must recognize that permanent injury is treated as one of the gravest personal crimes in the UCMJ.

2. Does maiming require intent to disfigure?
Yes. The prosecution must show that the accused intended to inflict serious and lasting harm. If the injury was accidental or only temporary, the offense may not qualify as maiming. The government focuses on both the accused’s intent and the result of the act. Without intent, lesser charges like aggravated assault may apply.

3. Can self-defense excuse maiming?
Yes, if the injury was inflicted while lawfully defending against imminent harm. The use of force must still be reasonable and proportional to the threat. If the response far exceeded the danger, self-defense may not apply. Courts carefully analyze the circumstances when this defense is raised.

4. What kinds of injuries qualify as maiming?
Injuries that permanently impair function, appearance, or health. Examples include loss of eyesight, hearing, limbs, or severe scarring. The injury must substantially reduce the victim’s physical abilities. Minor or temporary wounds do not qualify under Article 124.

5. What is the maximum punishment for maiming?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 20 years. This reflects how seriously the UCMJ treats permanent and disfiguring harm. Sentences are typically severe, especially if the act was deliberate and malicious.

6. Can maiming charges apply in wartime?
Yes, Article 124 applies in both peacetime and wartime. Unlawful maiming of civilians, detainees, or even fellow service members may be charged. Acts done lawfully under the rules of armed conflict are not punishable. The key factor is whether the conduct was wrongful under military law.

7. How is permanence determined in medical terms?
Permanence is usually evaluated by medical evidence. If the injury is expected to last for life or cause long-term disability, it is considered permanent. Scars, loss of senses, or loss of function usually meet the threshold. Courts rely heavily on expert testimony in such cases.

8. Can attempted maiming be punished?
Yes. Even if the injury did not occur, an attempt to maim can be charged under Article 80 in combination with Article 124. Attempted maiming carries severe penalties, though usually less than a completed offense. Intent and overt acts toward causing permanent harm must be shown.

9. What if the injury heals over time?
If the injury heals completely without lasting impairment, it may not qualify as maiming. However, the government may still prosecute under other assault provisions. The burden is on the prosecution to show lasting disfigurement or disability. Temporary harm, even if painful, does not meet Article 124’s requirements.

10. Why is Article 124 important for military justice?
Because it deters extreme violence and protects service members and civilians from lasting harm. By punishing permanent injuries more severely, the article upholds values of discipline, respect, and accountability. It also ensures proportional justice by treating maiming as distinct from ordinary assault. This reinforces the integrity and professionalism of the armed forces.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 924, Article 124
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0156
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Hernandez, 44 M.J. 529 (1996)
  • 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 124 or any other UCMJ provision, you should consult a qualified military attorney.

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