UCMJ Article 134 – Mails: Depositing or Causing to Be Deposited Obscene Matters

This enumerated offense under Article 134 punishes service members who knowingly deposit or cause to be deposited obscene, indecent, or lewd matter in the mail. The prohibition applies to letters, writings, drawings, photographs, films, or other material sent through the postal system. The rule exists to protect the integrity of the mail service and to prevent the spread of obscene materials that can discredit the armed forces or harm good order and discipline.

The military enforces this offense to maintain professionalism and to align with broader federal restrictions on obscene materials in the U.S. Postal Service.

Key Elements

The prosecution must prove:

  1. That the accused knowingly deposited or caused to be deposited obscene, indecent, or lewd matter in the mail.
  2. That the matter was addressed or intended to be delivered to another person.
  3. That the act 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

This offense applies to:

  • Mailing obscene photographs or recordings.
  • Sending indecent letters or writings through military or civilian postal systems.
  • Distributing pornographic or sexually explicit materials that meet the legal definition of obscenity.
  • Causing another person to send obscene items by instructing, directing, or providing materials.

It does not apply to materials that, while sexually explicit, do not meet the legal standard of “obscene” under federal law. Courts use community standards and intent to judge obscenity.

Punishment

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

Defenses

Possible defenses include:

  • Not obscene: If the material was explicit but not legally obscene under the standard of “appeals to prurient interest, patently offensive, and lacking serious value.”
  • Lack of knowledge: If the accused did not know the material was in the mail.
  • Lawful purpose: Certain official or medical communications may involve explicit content but are lawful.
  • No prejudice or discredit: If the act did not harm discipline or bring discredit.

Examples

If a soldier mails pornographic photos that meet the federal obscenity definition, Article 134 applies. If a Marine sends a letter with indecent sexual drawings to another service member, it qualifies. If an airman causes a civilian friend to mail obscene items on their behalf, it is punishable. By contrast, possession of adult magazines that are not obscene may not qualify under this article.

Conclusion

Article 134 prohibiting obscene mail protects the military from discredit and maintains discipline by regulating service members’ conduct with respect to indecent materials. By criminalizing the mailing of obscene matter, the article aligns military law with federal postal regulations and ensures service members uphold professional standards.

Frequently Asked Questions

1. What qualifies as “obscene” under Article 134?
Obscene material is defined by the federal legal standard: it appeals to prurient interests, is patently offensive by community standards, and lacks serious literary, artistic, political, or scientific value. Not all pornography qualifies; only material meeting this strict test is obscene. Courts carefully apply this definition.

2. Does Article 134 apply only to U.S. Postal Service mail?
No. It applies to both U.S. Postal Service and military postal systems (APO/FPO). The offense covers any mail entrusted to military or civilian postal services. The format—letters, packages, or digital storage media—does not matter.

3. What is the maximum punishment for mailing obscene matter?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 2 years. The punishment reflects the seriousness of spreading obscene materials while in military service. Career-ending penalties are possible.

4. Can service members be punished for sending adult magazines?
Not necessarily. Many adult magazines are sexually explicit but not obscene under federal law. If the material has recognized value and does not meet the strict obscenity test, it may not be punishable. The prosecution must prove obscenity beyond a reasonable doubt.

5. What if the accused did not know the package contained obscene materials?
Knowledge is an essential element. If the accused did not know or could not reasonably know what was inside the mail, they cannot be convicted. The government must prove awareness and intent.

6. Can this offense overlap with other charges?
Yes. Mailing obscene materials may also involve charges of indecent language, child pornography, or conduct prejudicial to good order. Prosecutors often combine charges to reflect the full seriousness of the misconduct. Each charge has distinct elements.

7. Does the First Amendment protect mailing obscene materials?
No. Obscenity is not protected speech under the First Amendment. The Supreme Court has repeatedly held that obscene materials may be restricted. Military law follows these principles strictly.

8. What if the material was sent overseas?
The offense applies worldwide. Mailing obscene matter through APO/FPO or other systems is punishable. The UCMJ follows service members abroad, ensuring accountability regardless of location.

9. How is this offense different from possession of obscene material?
Possession is not the same as distribution. Mailing obscene materials spreads the offense and makes it prejudicial or discrediting. Article 134 specifically targets the act of distribution through postal systems.

10. Why does the military punish obscene mail so seriously?
Because it damages discipline, undermines professionalism, and risks discrediting the armed forces if discovered. Obscene materials spread through military systems can harm morale and violate community standards. Strict enforcement protects integrity and trust.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Mailing Obscene Matter)
  • 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. Hullett, 40 M.J. 189 (1994)
  • 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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