UCMJ Article 134 – Soliciting Another to Commit an Offense

This enumerated offense under Article 134 punishes a service member who wrongfully solicits or advises another person to commit a crime under the UCMJ. Solicitation undermines discipline because it spreads misconduct, corrupts others, and shows deliberate intent to violate the law, even if the solicited crime is never carried out.

Key Elements

The prosecution must prove:

  1. That the accused solicited or advised another to commit a specific offense under the UCMJ.
  2. That the solicitation was wrongful.
  3. 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 covers:

  • Encouraging another service member to commit larceny, assault, or other UCMJ crimes.
  • Advising subordinates to disobey lawful orders.
  • Urging peers to engage in drug use, fraud, or other misconduct.
  • Attempting to recruit others into mutiny or desertion (which may also trigger more serious charges).

The offense is complete once the solicitation is made, regardless of whether the crime is attempted or carried out.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years.
  • If the solicited offense is punishable by death, confinement may be for up to 10 years.

Defenses

Possible defenses include:

  • No wrongful intent: If the solicitation was not serious or was clearly a joke.
  • Lack of clarity: If the words did not reasonably amount to urging an offense.
  • Protected communication: If the statements were lawful advice or within official duties.
  • Withdrawal: If the accused immediately retracted the solicitation before any harm occurred (may mitigate but not erase liability).

Examples

If a soldier urges another to steal government equipment, Article 134 applies. If a Marine encourages a peer to use drugs, it qualifies. If an airman directs a subordinate to falsify official records, it is punishable. Conversely, if a sailor jokingly says, “You should just rob the chow hall,” without seriousness, it may not be wrongful solicitation.

Conclusion

Article 134 solicitation charges protect the military by punishing efforts to spread misconduct. By criminalizing wrongful encouragement of crimes, the UCMJ reinforces discipline, accountability, and the principle that no service member should corrupt another.

Frequently Asked Questions

1. Does the solicited crime need to be committed for liability?
No. The offense is complete once the solicitation is made. The law punishes the wrongful encouragement itself, regardless of outcome.

2. What is the maximum punishment for solicitation?
Up to 5 years’ confinement, dishonorable discharge, and forfeiture of pay. If the solicited offense is capital (e.g., mutiny), confinement may extend to 10 years.

3. Can solicitation overlap with conspiracy?
Yes. If the person solicited agrees, conspiracy charges may also apply. Solicitation punishes the request; conspiracy punishes the agreement.

4. Does joking or sarcasm count as solicitation?
Not usually. The solicitation must be serious and intended to encourage misconduct. Context matters, and courts look at whether a reasonable person would view it as serious.

5. What if the accused withdraws the solicitation?
Withdrawal may mitigate punishment but does not erase liability. The offense is complete once the words are spoken or communicated.

6. Can officers be charged with solicitation?
Yes. Officers are held to the same standards. Soliciting subordinates to commit offenses may also aggravate punishment due to abuse of authority.

7. How does this offense affect military discipline?
Solicitation spreads misconduct and corrupts others, threatening unit cohesion and trust. The rule ensures that service members cannot drag peers or subordinates into crime.

8. What if the solicited offense was minor?
Solicitation of any UCMJ offense is punishable. The seriousness of the solicited crime often affects sentencing, but liability attaches regardless of severity.

9. Can written or electronic communications count as solicitation?
Yes. Solicitation may be verbal, written, or electronic (texts, emails, social media). The method does not matter as long as the message is clear.

10. Why is solicitation criminalized separately?
Because the act of urging others to commit crimes is harmful in itself, even if unsuccessful. Criminalizing solicitation deters service members from spreading misconduct and preserves discipline.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Solicitation)
  • 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. Oakley, 79 M.J. 87 (2019)
  • 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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