UCMJ Article 127 – Extortion

UCMJ Article 127 punishes extortion, which is the wrongful act of obtaining something of value from another by threats. Extortion undermines trust, order, and discipline by allowing one person to use intimidation for personal gain. Because the military environment demands fairness and respect, using threats to take property, money, or favors is considered a serious breach of duty.

Extortion is broader than robbery under Article 122. Robbery requires immediate force or violence, while extortion focuses on threats of future harm or consequences to coerce compliance. The harm threatened may be physical, financial, or reputational.

Key Elements

The prosecution must prove:

  1. That the accused communicated a threat to another person.
  2. That the threat was wrongful.
  3. That the purpose of the threat was to obtain money, property, or an advantage of value.
  4. That the accused intended the threat to cause the victim to give in to the demand.

Scope and Application

Article 127 applies to a wide range of threats:

  • Threats of physical harm to a person or their property.
  • Threats to reveal damaging information unless money or favors are provided.
  • Threats of adverse military action, such as bad evaluations, unless bribed.
  • Threats against a person’s reputation, career, or family.

The threatened harm does not need to be carried out. The offense is complete once the wrongful threat is communicated with the intent to extort.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 10 years.

Defenses

Possible defenses include:

  • Not wrongful: If the threat was lawful, such as warning of reporting misconduct.
  • No intent to obtain value: If the accused did not intend to gain property, money, or advantage.
  • No value demanded: If the threat was not linked to obtaining something of worth.
  • Consent or mutual agreement: If no coercion existed and the arrangement was voluntary.

Examples

If a soldier threatens to beat another unless they hand over money, Article 127 applies. If a Marine demands favors by threatening to reveal embarrassing personal information, it qualifies as extortion. If an airman insists on gifts in exchange for not giving a bad evaluation, that is wrongful. Conversely, if a commander threatens adverse action for legitimate misconduct, it is not extortion because the threat is lawful.

Conclusion

Article 127 protects service members from coercion and intimidation for personal gain. It draws a clear line between lawful authority and wrongful threats, ensuring that no one in the military can misuse power or intimidation to enrich themselves. Enforcing this article strengthens fairness, accountability, and trust throughout the armed forces.

Frequently Asked Questions

1. How is extortion different from robbery under the UCMJ?
Robbery requires immediate force or violence to take property, while extortion involves threats of future harm or consequences to coerce compliance. Extortion can use threats to reputation, career, or finances instead of physical violence. Both are serious crimes, but extortion focuses on intimidation through threats rather than direct assault.

2. What kinds of threats qualify as extortion?
Threats may be physical, such as harm to a person or property, or non-physical, such as damaging someone’s reputation or career. Even a threat to reveal embarrassing personal information can qualify if made to obtain money or favors. The law punishes wrongful threats regardless of whether they are carried out. The emphasis is on coercion for personal gain.

3. What is the maximum punishment for extortion under Article 127?
The maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 10 years. This harsh penalty reflects the seriousness of using intimidation for unlawful gain. Sentencing depends on the severity of the threat and the value of what was demanded. Extortion undermines trust and discipline in the military, so it is punished severely.

4. Can extortion occur without the victim giving anything?
Yes. The offense is complete once a wrongful threat is communicated with the intent to obtain something of value. The victim does not need to comply with the demand. Even an unsuccessful attempt to extort is punishable. The focus is on the intent and the communication of the threat.

5. Can a lawful threat be considered extortion?
No. If a commander threatens punishment for misconduct, that is a lawful exercise of authority. Extortion requires the threat to be wrongful, such as threatening false charges or retaliation unless paid off. Lawful warnings or disciplinary actions are not extortion. The key difference is whether the threat was linked to unlawful personal gain.

6. Does Article 127 apply to threats made electronically?
Yes. Extortion can occur through emails, texts, or social media messages. The method of communication does not matter as long as a wrongful threat is conveyed. Modern cases often involve electronic blackmail, such as threatening to release private photos unless compensated. The UCMJ treats digital threats the same as in-person ones.

7. Can extortion involve non-monetary benefits?
Yes. Extortion can involve demands for sexual favors, promotions, gifts, or any valuable advantage. The law applies to anything of value, not just money. For example, demanding sexual favors under threat of harm is extortion and may also violate sexual misconduct articles. The definition of “value” is interpreted broadly.

8. What if the accused believed they were owed money?
If the accused had a lawful claim to the money or property, it may not be extortion. However, using threats instead of legal means to collect a debt can still be wrongful. Courts look at whether the accused had lawful authority and used proper channels. Resorting to threats often undermines a valid defense.

9. How does extortion affect military discipline?
Extortion erodes trust and respect among service members by creating fear and coercion. It damages morale, undermines fairness, and allows abuse of power. Strict enforcement of Article 127 ensures that intimidation for personal gain is not tolerated. The rule preserves order and accountability within the force.

10. Why is Article 127 important for the armed forces?
Because it prevents misuse of threats and intimidation for private advantage. Military culture relies on trust, fairness, and loyalty. Extortion contradicts those values and can create toxic command climates. By punishing extortion harshly, the military preserves its integrity and protects all personnel from coercion.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 927, Article 127
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0159
  • 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 127 or any other UCMJ provision, you should consult a qualified military attorney.

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