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. Article 131a of the Uniform Code of Military Justice punishes subornation of perjury, meaning inducing or procuring another person to commit perjury. The offense complements Article 131, which punishes the person who actually testifies falsely, by reaching the person who caused that false testimony to occur.

Subornation of perjury was formerly charged as an enumerated offense under the general article, Article 134. The Military Justice Act of 2016, effective January 1, 2019, gave perjury its own article, Article 131, and placed subornation of perjury immediately after it as Article 131a. The renumbering reflects how closely the two offenses are linked: perjury is the false oath itself, and subornation is the act of causing it.

The numbered elements

The government must prove the following beyond a reasonable doubt:

  1. That the accused induced and procured a certain person to take an oath or its equivalent and to falsely testify, depose, or state upon that oath or its equivalent.
  2. That the oath or its equivalent was administered in a matter in which an oath or its equivalent was required or authorized by law.
  3. That the oath or its equivalent was administered by a person having authority to do so.
  4. That, upon the oath or its equivalent, the person willfully made or subscribed a certain statement.
  5. That the statement was material.
  6. That the statement was false.
  7. That the accused, and the person who made the statement, did not then believe the statement to be true.

These elements show that subornation is not complete unless perjury is actually committed. The suborner must have caused a real false oath, on a material point, knowing the testimony would be false.

What the government must prove

The prosecution must establish two things in tandem: that the underlying perjury occurred, and that the accused knowingly caused it. Proof of the underlying perjury follows the same standards as a direct perjury charge, including that the false statement was material to the proceeding and was made willfully. Proof of inducement requires showing that the accused persuaded, procured, or otherwise brought about the false testimony, and that the accused knew or believed the testimony would be false. The accused’s own belief in the falsity of the statement is an essential element; an accused who genuinely believed the testimony to be true did not suborn perjury.

Materiality is a recurring point of contention. A statement is material if it could have affected the outcome or the course of the proceeding in which it was made, and the government must prove that the suborned testimony met that standard, not merely that it was false. The inducement itself can take many forms, including persuasion, procurement, pressure, encouragement, or any other means by which the accused brought about the false oath. What unifies them is that the accused acted with knowledge that the resulting testimony would be false, which separates subornation from the lawful and routine work of preparing a witness to give truthful evidence.

Maximum punishment

The maximum punishment for subornation of perjury under Article 131a is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years. For offenses committed on or after December 27, 2023, the military judge determines the sentence under the segmented sentencing framework adopted in that reform.

Defenses

Common defenses track the elements. If the witness did not actually commit perjury, because the testimony was true, immaterial, or never given, the offense is not complete. If the accused did not know or believe the testimony would be false, the knowledge element fails. Lawful witness preparation is not a defense so much as conduct that is simply not criminal: advising a witness to tell the truth, to review records, or to refresh recollection is permitted and is not subornation. Insufficient proof of persuasion or inducement, where the government cannot tie the accused to the false oath, also defeats the charge.

Distinctions from related offenses

Subornation of perjury under Article 131a is distinct from perjury itself under Article 131. Perjury punishes the person who took the false oath; subornation punishes the person who caused another to do so. Where the accused tries but fails to bring about perjury, because the witness refuses or testifies truthfully, the conduct is not complete subornation and may instead be charged as an attempt under Article 80. Subornation is also distinct from obstructing justice under Article 131b, which reaches a broader range of interference with proceedings and does not require that a false oath actually be made.

Frequently asked questions

How does subornation differ from perjury? Perjury is lying under oath. Subornation is causing another person to lie under oath. Article 131 reaches the witness, and Article 131a reaches the person who procured the false testimony.

Must the witness actually commit perjury? Yes. The offense requires that the suborned person actually make a false, material statement under oath. If no perjury occurs, the conduct may be charged as an attempt under Article 80 rather than completed subornation.

Is witness preparation a crime? No. Encouraging a witness to testify truthfully, review documents, or refresh memory is lawful. The offense requires knowingly persuading a witness to testify falsely.

Does it apply outside a court-martial? It applies to any setting where an oath is required or authorized by law, including preliminary hearings, depositions, affidavits, and investigations.

What is the maximum confinement? Confinement is capped at five years, with a possible dishonorable discharge and forfeiture of all pay and allowances.

Sources

10 U.S.C. § 931a (Article 131a, Subornation of perjury): https://www.law.cornell.edu/uscode/text/10/931a

10 U.S.C. § 931 (Article 131, Perjury): https://www.law.cornell.edu/uscode/text/10/931

Manual for Courts-Martial, United States, Part IV (Punitive Articles): https://jsc.defense.gov/Military-Law/Current-Publications-and-Updates/

Military Attorney Joseph L. Jordan, Articles of the UCMJ

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.

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