UCMJ Article 134 – Child Endangerment

This enumerated offense under Article 134 punishes service members who, through design or culpable negligence, endanger the mental or physical health, safety, or welfare of a child under 16 years of age. The military considers this a grave offense because protecting dependents and minors is fundamental to discipline, morale, and the reputation of the armed forces.

Child endangerment does not require actual injury. The offense is complete when the accused’s conduct creates a reasonable probability of harm.

Key Elements

The prosecution must prove:

  1. That the accused had a duty for the care of a certain child under the age of 16 years.
  2. That the accused endangered the child’s mental or physical health, safety, or welfare through design or culpable negligence.
  3. That the conduct was wrongful.
  4. That, under the circumstances, the conduct was prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces.

Scope and Application

Examples of child endangerment include:

  • Leaving a young child unattended in dangerous circumstances (e.g., locked in a hot vehicle).
  • Exposing a child to drug use, criminal activity, or abusive environments.
  • Failing to provide necessary medical care, food, or shelter.
  • Verbally or emotionally abusing a child in ways that risk mental harm.

The offense covers both acts of commission (direct harmful acts) and omission (failure to act when duty requires).

Punishment

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

Defenses

Possible defenses include:

  • No duty of care: If the accused was not responsible for the child’s welfare.
  • No endangerment: If the act did not create a reasonable probability of harm.
  • Accident or mistake: If circumstances beyond the accused’s control caused the situation.
  • Reasonable discipline: Lawful parental discipline within acceptable boundaries is not wrongful.

Examples

If a soldier leaves a toddler unattended near weapons or hazardous materials, Article 134 applies. If a Marine drives intoxicated with a child passenger, it qualifies. If an airman knowingly exposes children to drug use in base housing, it is punishable. Conversely, if a sailor provides lawful discipline without risk of harm, it may not be wrongful.

Conclusion

Article 134 child endangerment charges emphasize the military’s duty to protect minors. The offense reinforces accountability by punishing both reckless actions and negligent omissions that place children at risk, ensuring the armed forces uphold values of responsibility and integrity.

Frequently Asked Questions

1. Does child endangerment require actual injury?
No. The offense is complete once the accused’s conduct creates a reasonable probability of harm to the child. Actual injury can aggravate punishment but is not necessary for guilt.

2. What age is covered under Article 134 child endangerment?
Children under the age of 16 are protected. Endangering older dependents may be punished under other UCMJ provisions. The age element must be proven.

3. What is culpable negligence in this context?
Culpable negligence is a gross failure to exercise reasonable care, showing disregard for foreseeable harm. It is more than simple carelessness. Courts look at whether a reasonable person in the same situation would recognize the risk.

4. Can lawful discipline be punished as endangerment?
Not usually. Parents and guardians may lawfully discipline children, provided it does not create unreasonable risk of injury. Excessive or abusive discipline, however, can qualify as endangerment.

5. What is the maximum punishment for child endangerment?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 2 years. This reflects the seriousness of failing to protect minors.

6. Does this offense apply off base?
Yes. The UCMJ applies worldwide. Conduct that endangers children in civilian communities can be prosecuted if it discredits the armed forces. Jurisdiction is not limited to military installations.

7. Can omissions (failures to act) be punished?
Yes. Failing to provide necessary food, shelter, or medical care can constitute child endangerment. The offense punishes both acts and omissions when there is a duty of care.

8. How does this differ from assault of a child?
Assault requires intentional or reckless infliction of harm. Child endangerment punishes conduct that creates the probability of harm, even without direct assault. They can overlap in severe cases.

9. Who qualifies as having a duty of care?
Parents, guardians, babysitters, or others temporarily responsible for a child’s welfare. The government must prove the accused owed this duty.

10. Why does the military criminalize child endangerment?
Because protecting minors reflects core values of responsibility and integrity. Endangering children damages morale, discipline, and public trust. Strict enforcement deters misconduct and preserves the honor of the armed forces.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Child Endangerment)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Plant, 74 M.J. 297 (2015)
  • 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.

Related:

  1. UCMJ Article 119 – Manslaughter UCMJ Article 119 punishes the unlawful killing of another human being without the aggravating factors that make the crime murder under Article 118. Manslaughter recognizes that some killings occur without premeditation or intent to commit murder, but they are still...
  2. UCMJ Article 134 – Quarantine: Medical Breaking This enumerated offense under Article 134 punishes service members who wrongfully break, disregard, or violate a medical quarantine order. Quarantines may be imposed to control the spread of infectious diseases, protect military readiness, and safeguard both the force and surrounding...
  3. UCMJ Article 134 – The General Article UCMJ Article 134, known as the “General Article,” is a catch-all provision that criminalizes a wide range of misconduct not specifically addressed in other articles of the UCMJ. It punishes behavior that is prejudicial to good order and discipline in...
  4. UCMJ Article 133 – Conduct Unbecoming an Officer and Gentleman UCMJ Article 133 criminalizes conduct by commissioned officers, cadets, or midshipmen that dishonors or disgraces them personally, or seriously compromises their standing as officers. The article is intentionally broad, designed to uphold the integrity and character expected of military leaders....
  5. UCMJ Article 134 – False Swearing False swearing under Article 134 occurs when a service member makes a false statement under oath that is not material to a judicial proceeding. Unlike perjury under Article 131, false swearing does not require the statement to be material or...
  6. UCMJ Article 134 – Firearm, Discharging Through Negligence This enumerated offense under Article 134 punishes service members who negligently discharge a firearm. The military holds strict standards for the handling of weapons because negligence with firearms endangers lives, undermines discipline, and damages the reputation of the armed forces....
  7. UCMJ Article 134 – Seizure: Destruction, Removal, or Disposal of Property to Prevent This enumerated offense under Article 134 punishes service members who destroy, remove, or otherwise dispose of property in order to prevent it from being lawfully seized. The offense is closely tied to maintaining integrity in investigations, inspections, and lawful authority....
  8. 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...
  9. UCMJ Article 134 – Public Record: Altering, Concealing, Removing, Mutilating, Obliterating, or Destroying This enumerated offense under Article 134 punishes service members who wrongfully alter, conceal, remove, mutilate, obliterate, or destroy a public record. Public records include any official document, paper, file, or electronic record maintained by military or government authority. Because the...
  10. UCMJ Article 112a – Wrongful Use of Controlled Substances UCMJ Article 112a criminalizes the wrongful use, possession, distribution, manufacture, or introduction of controlled substances into military installations, aircraft, vessels, or vehicles. This provision was added in 1982 to create a specific drug offense under the UCMJ, separating drug-related misconduct...
  11. UCMJ Article 109 – Waste, Destruction, or Spoilage of Non-Military Property UCMJ Article 109 punishes service members who willfully or recklessly waste, destroy, or damage property that does not belong to the United States military. Unlike Article 108, which deals with U.S. government property, Article 109 applies when the property is...
  12. UCMJ Article 134 – Mail: Taking, Opening, Secreting, Destroying, or Stealing This enumerated offense under Article 134 punishes service members who wrongfully interfere with mail. It covers taking, opening, secreting, destroying, or stealing letters, packages, or other mail matter entrusted to the postal system. Because the military depends on reliable communications...
  13. UCMJ Article 111 – Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel UCMJ Article 111 punishes service members who operate a vehicle, aircraft, or vessel in a drunken or reckless manner. The article is designed to protect service members, military property, and the public from the dangers of impaired or reckless operation....
  14. UCMJ Article 134 – Self-Injury Without Intent to Avoid Service This enumerated offense under Article 134 punishes service members who intentionally injure themselves without the specific intent of avoiding service. While malingering under Article 115 addresses self-harm to evade duty, Article 134 focuses on wrongful self-injury committed for other reasons,...
  15. UCMJ Article 134 – Threat or Hoax Designed or Intended to Cause Panic or Public Fear This enumerated offense under Article 134 punishes service members who create or spread false threats, hoaxes, or warnings with the intent to cause panic, fear, or disruption. The military treats these acts as serious misconduct because they undermine discipline, disrupt...