UCMJ Article 134 – Kidnapping

Kidnapping under Article 134 punishes the unlawful seizing, confining, inveigling, decoying, or carrying away of another person against their will. The offense is extremely serious because it violates personal liberty, threatens safety, and undermines public trust in the armed forces. It applies whether the victim is a civilian, another service member, or any person under U.S. protection.

The military enforces this offense strictly to ensure that no service member abuses their position or engages in conduct that endangers others. Kidnapping often overlaps with other crimes such as assault, robbery, or sexual misconduct, but Article 134 ensures that the unlawful restraint itself is punishable.

Key Elements

The prosecution must prove:

  1. That the accused seized, confined, inveigled, decoyed, or carried away a certain person.
  2. That the accused held such person against their will.
  3. That the act was unlawful.
  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

Kidnapping includes:

  • Abducting a person by force or threat.
  • Tricking or luring someone into captivity without their consent.
  • Holding someone in a place against their will, even without moving them far.
  • Using restraint to facilitate another crime, such as robbery or sexual assault.

The victim does not have to be physically harmed for the offense to apply. The wrongful confinement itself is enough.

Punishment

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

Defenses

Possible defenses include:

  • Consent: If the alleged victim willingly went along or remained with the accused.
  • Authority: If the accused was acting under lawful orders, such as military detention duties.
  • Mistake of fact: If the accused reasonably believed the person consented or had authority to restrain.
  • Insufficient proof of restraint: If the victim was free to leave or not truly confined.

Examples

If a soldier forces another service member into a vehicle against their will, Article 134 applies. If a Marine lures a civilian under false pretenses and then restrains them, it qualifies as kidnapping. If an airman locks another person in a room to intimidate them, it is punishable under this article. By contrast, lawfully escorting someone into custody under proper authority is not kidnapping.

Conclusion

Kidnapping is one of the gravest offenses under Article 134, reflecting the military’s duty to uphold personal liberty and protect the safety of all individuals. The possibility of life imprisonment demonstrates how seriously the armed forces treat the unlawful restraint of others.

Frequently Asked Questions

1. What makes kidnapping different from unlawful detention under Article 97?
Unlawful detention involves holding someone without authority, usually in a military context. Kidnapping is broader and involves seizing, carrying away, or restraining someone against their will in a way that discredits the armed forces. The potential punishment is much harsher under kidnapping. Kidnapping also often involves deception or force.

2. Does kidnapping require movement of the victim?
No. Holding someone in a confined space against their will is enough. Even if the victim is not moved far, the offense is complete once restraint occurs. The law focuses on unlawful confinement, not distance. Movement only aggravates the seriousness.

3. What is the maximum punishment for kidnapping under the UCMJ?
Life imprisonment, dishonorable discharge, and forfeiture of all pay and allowances. This severe penalty reflects the danger and violation of liberty caused by kidnapping. Courts-martial treat it as one of the most serious offenses under Article 134.

4. Can kidnapping charges apply to luring or trickery?
Yes. If a person is inveigled or decoyed into captivity without consent, it is still kidnapping. Physical force is not required if deceit was used to restrain the victim. The offense applies as long as the victim was held against their will unlawfully.

5. Can consent be a defense to kidnapping?
Yes. If the victim freely consented to go or stay with the accused, then the offense is not proven. However, consent must be voluntary, informed, and not obtained by coercion or deception. The government often argues that consent was invalid.

6. How does kidnapping relate to other crimes like assault or robbery?
Kidnapping often overlaps with other crimes but remains a separate offense. For example, abducting someone during a robbery is kidnapping and robbery. Courts allow multiple charges to reflect the full scope of misconduct. Each offense has unique elements.

7. Does kidnapping apply only in combat zones?
No. Article 134 applies worldwide, including garrison, deployments, and off-duty civilian interactions. The UCMJ follows service members everywhere, making kidnapping charges possible in any jurisdiction. Location does not limit applicability.

8. What if the accused believed they had authority to restrain someone?
If the accused reasonably believed they had lawful authority, such as in an arrest or command duty, it may be a defense. The government must prove the restraint was wrongful and unlawful. Good faith mistakes may reduce liability.

9. Can kidnapping be attempted?
Yes. Attempted kidnapping is punishable under Article 80. If the accused takes substantial steps toward abducting or restraining someone but fails, they may still face severe punishment. Attempted kidnapping carries heavy penalties due to the risk created.

10. Why is kidnapping punished so severely by the military?
Because it destroys trust, violates human rights, and endangers lives. Kidnapping reflects poorly on the armed forces and undermines discipline. The severe punishment deters service members from engaging in such misconduct. It also ensures justice for victims of unlawful restraint.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Kidnapping)
  • 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. Wiesen, 56 M.J. 172 (2001)
  • 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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