UCMJ Article 134 – Bigamy

Bigamy is one of the enumerated offenses under UCMJ Article 134, which punishes misconduct that is prejudicial to good order and discipline or that brings discredit upon the armed forces. Bigamy occurs when a service member, while already married, marries another person, or when they knowingly marry someone who is already married. Because marriage carries legal and moral responsibilities, entering into a bigamous marriage undermines integrity, harms military families, and discredits the armed forces in the eyes of the public.

The military enforces strict standards of honesty and responsibility in personal relationships. Bigamy not only violates civilian law but also threatens morale, finances, and trust within the military community.

Key Elements

The prosecution must prove:

  1. That the accused had a living spouse at the time, or knowingly married someone who already had a living spouse.
  2. That the accused wrongfully married another person.
  3. That the conduct was prejudicial to good order and discipline, or of a nature to bring discredit upon the armed forces.

Scope and Application

Article 134 bigamy charges apply in situations such as:

  • A soldier legally married in one state who marries another person while still married.
  • A sailor who knowingly marries someone already married to another.
  • A Marine who conceals their existing marriage in order to obtain additional allowances or benefits.

The offense does not apply if the first marriage was legally dissolved by divorce or annulment, or if the accused reasonably believed the prior spouse was deceased.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 2 years.

Defenses

Possible defenses include:

  • Valid divorce or annulment: If the prior marriage had been legally dissolved before the second marriage.
  • Reasonable belief of death: If the accused honestly believed the prior spouse had died.
  • Lack of knowledge: If the accused did not know that the new spouse was already married.
  • Clerical or legal error: If the accused relied on mistaken official records showing the prior marriage had ended.

Examples

If an airman marries another person while still legally married, Article 134 applies. If a Marine knowingly marries someone who has a living spouse, that is also bigamy. If a soldier marries another while honestly and reasonably believing their spouse had died, it may not qualify as bigamy.

Conclusion

Bigamy under Article 134 highlights the military’s expectation that service members honor the sanctity and legal obligations of marriage. It protects families, preserves trust, and upholds the reputation of the armed forces. By criminalizing bigamous marriages, the UCMJ ensures accountability and integrity in personal conduct that has direct effects on military life.

Frequently Asked Questions

1. Why is bigamy punished under the UCMJ?
Because it undermines trust, damages family structures, and discredits the armed forces. Service members are expected to uphold legal and moral obligations, including in marriage. Bigamy threatens morale and integrity, which are central to discipline.

2. What is the maximum sentence for bigamy?
The maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 2 years. This reflects the seriousness of dishonesty in marriage and its impact on military discipline.

3. What if the accused believed the first marriage was over?
If the prior marriage was legally dissolved or annulled, bigamy does not apply. If the accused reasonably believed their spouse was dead or divorced, that may serve as a defense. Courts look at whether the belief was reasonable and supported by facts.

4. Can bigamy charges apply to marrying someone already married?
Yes. Article 134 covers both marrying while already married and knowingly marrying someone who has a living spouse. The misconduct lies in knowingly entering into an unlawful marriage. Both scenarios bring discredit to the armed forces.

5. Does Article 134 require proof of harm to the military?
Yes. The prosecution must show that the conduct was prejudicial to good order and discipline, or discrediting to the service. Bigamy typically meets this standard because it reflects dishonesty and violates social norms.

6. How does bigamy affect military benefits?
Bigamy can lead to fraudulent claims for housing or allowances, compounding the offense. Seeking or obtaining benefits under a false marriage may also result in fraud charges under Article 132. The financial aspect often aggravates punishment.

7. Can cultural or religious practices excuse bigamy?
No. The UCMJ enforces U.S. legal standards of marriage, which prohibit bigamy. Even if permitted by custom or religion, bigamy is unlawful for service members. Courts do not accept cultural practice as a defense.

8. Can bigamy occur overseas?
Yes. Article 134 applies worldwide to service members. Even if stationed abroad, marrying while still legally married under U.S. law is punishable. The UCMJ follows the service member regardless of location.

9. What evidence is used to prove bigamy?
Marriage records, divorce decrees, witness testimony, and benefit applications. The government must prove that two valid marriages existed at the same time. Documentation is usually central to proving guilt.

10. Why is bigamy considered damaging to military discipline?
Because it shows dishonesty, destabilizes families, and harms the reputation of the armed forces. Family stability is essential to readiness, and misconduct in marriage undermines trust. Article 134 enforces accountability to preserve discipline and public confidence.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Bigamy)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0167
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Phillips, 70 M.J. 161 (2011)
  • 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 134 or any other UCMJ provision, you should consult a qualified military attorney.

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