UCMJ Article 134 – Drinking Liquor with Prisoner

This enumerated offense under Article 134 punishes service members who wrongfully provide, give, or drink liquor with a military prisoner. The offense exists to maintain discipline, good order, and the integrity of confinement or correctional facilities. Drinking liquor with prisoners blurs the lines of authority, undermines security, and can discredit the armed forces in the eyes of both the public and the military community.

Key Elements

The prosecution must prove:

  1. That a certain person was a prisoner under military custody or confinement.
  2. That the accused wrongfully gave, provided, or drank liquor with that prisoner.
  3. That the accused knew the person was a prisoner.
  4. That, under the circumstances, the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This offense applies to:

  • Guards, staff, or other service members who provide alcohol to prisoners.
  • Drinking liquor in the company of a prisoner while knowing their status.
  • Prisoners and service members drinking together in violation of rules.

It does not apply if the alcohol is provided or consumed under lawful authority (though such situations are almost nonexistent in practice).

Punishment

  • Maximum punishment: Confinement for 3 months, forfeiture of two-thirds pay for 3 months, and reduction to the lowest enlisted grade.

Defenses

Possible defenses include:

  • Lack of knowledge: If the accused did not know the individual was a prisoner.
  • Lawful authority: If the alcohol was provided under explicit, lawful orders (extremely rare).
  • No wrongful intent: If the accused reasonably believed the act was lawful.
  • Insufficient proof: If the government cannot prove liquor was actually given or consumed.

Examples

If a soldier smuggles alcohol into a correctional facility to drink with an inmate, Article 134 applies. If a Marine guard shares beer with a prisoner under their supervision, it qualifies. If an airman provides liquor to a confined service member during off-duty time, it is punishable. Conversely, if a sailor unknowingly socializes with someone not identified as a prisoner, liability may not attach.

Conclusion

Article 134 drinking liquor with prisoner charges exist to preserve the security, integrity, and order of military custody. By punishing this misconduct, the UCMJ prevents inappropriate relationships between guards and prisoners, protects discipline, and reinforces public trust in the military justice system.

Frequently Asked Questions

1. Why is drinking liquor with a prisoner punishable?
Because it undermines authority, creates security risks, and discredits the armed forces. Guards and prisoners must remain separate to maintain discipline.

2. Does it matter if the prisoner is a friend or former colleague?
No. Once an individual is officially a prisoner, drinking liquor with them is prohibited regardless of prior relationships.

3. What is the maximum punishment?
Confinement for 3 months, forfeiture of two-thirds pay for 3 months, and reduction to the lowest enlisted grade. The punishment is light compared to violent crimes but reflects the seriousness of undermining custody.

4. What if the accused didn’t know the person was a prisoner?
Lack of knowledge can be a defense. The prosecution must prove the accused knew or should have known the individual was a prisoner.

5. Can a prisoner be punished for drinking liquor with a service member?
Yes. The offense applies to both providing liquor to prisoners and prisoners consuming liquor wrongfully. Both parties may be liable.

6. Does the rule apply outside correctional facilities?
Yes. The key is the prisoner’s status, not the location. Drinking with a prisoner anywhere is punishable.

7. What if the alcohol was for medicinal use?
If provided by lawful medical authority, it would not be wrongful. Otherwise, alcohol use by prisoners is prohibited.

8. Can this overlap with other charges?
Yes. Charges like dereliction of duty or bringing prohibited items into a facility may also apply. Prosecutors often bring multiple charges.

9. Why is liquor specifically prohibited?
Because alcohol impairs judgment, lowers security standards, and increases the risk of violence or escape. The prohibition eliminates these risks in custody settings.

10. How does this protect military discipline?
By ensuring clear separation between custodians and prisoners. Strict enforcement prevents fraternization, corruption, and breakdown of authority in correctional systems.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Drinking Liquor with Prisoner)
  • 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. Hamilton, 28 C.M.R. 115 (1959)
  • 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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