UCMJ Article 134 – Wrongful Cohabitation

This enumerated offense under Article 134 punishes service members who wrongfully and openly cohabit with another person in a marital-like relationship without being legally married. The offense exists because such relationships, when exposed, can bring discredit upon the armed forces, harm unit cohesion, and undermine military values regarding family integrity and responsibility.

While the military does not criminalize all personal relationships, wrongful cohabitation becomes punishable when it is notorious, scandalous, or otherwise prejudicial to good order and discipline.

Key Elements

The prosecution must prove:

  1. That the accused wrongfully cohabited with a certain person.
  2. That the cohabitation was open and notorious (marital-like in character).
  3. That the accused and the other person were not married to each other.
  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:

  • Service members living openly with a partner as husband and wife while unmarried.
  • Relationships that are widely known and considered scandalous within the unit or community.
  • Cohabitation that harms the reputation of the service member or discredits the armed forces.

Private relationships that are discreet and do not harm discipline may not be punishable. The focus is on public perception and the impact on the military.

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:

  • Marriage: If the parties were legally married at the time.
  • Not open or notorious: If the relationship was private and not reasonably likely to bring discredit.
  • No prejudice to discipline: If the government cannot show damage to good order or the reputation of the armed forces.
  • Mistake of fact: If the accused reasonably believed they were lawfully married (e.g., invalid paperwork unknown to them).

Examples

If a soldier openly lives with a partner on or off base in a relationship presented as marriage, Article 134 applies. If a Marine resides with someone while both present themselves as spouses without being married, it qualifies. If an airman shares a household discreetly with a partner without scandal or prejudice, it may not be punishable.

Conclusion

Article 134 wrongful cohabitation reflects the military’s concern with maintaining discipline and public trust in service members’ conduct. The rule punishes only open, notorious cohabitation that harms the military’s reputation, striking a balance between personal freedom and professional responsibility.

Frequently Asked Questions

1. Does every unmarried couple living together violate Article 134?
No. Only open, notorious, or scandalous cohabitation that discredits the military or disrupts discipline is punishable. Private relationships without impact on the service are not typically prosecuted.

2. What makes cohabitation “wrongful”?
It becomes wrongful when it is open and marital-like in nature, bringing discredit to the armed forces or prejudicing good order. The wrongfulness depends on the public perception and impact.

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. Administrative consequences may also follow.

4. Can a mistaken belief in marriage be a defense?
Yes. If the accused reasonably believed they were lawfully married, they may not be guilty. For example, relying on paperwork later found invalid.

5. Does this article apply off base?
Yes. Wrongful cohabitation is punishable worldwide if it harms the reputation of the armed forces. Jurisdiction follows the service member regardless of location.

6. How is this different from adultery under Article 134?
Adultery requires at least one party to be married to someone else. Wrongful cohabitation focuses on open marital-like living without legal marriage, even if both are unmarried.

7. Does same-sex cohabitation apply?
Yes. The UCMJ applies equally to all service members, regardless of the gender of the parties. The issue is marital-like living without lawful marriage.

8. Can commanders handle wrongful cohabitation administratively?
Yes. Many cases are handled through counseling, reprimands, or non-judicial punishment instead of court-martial.

9. Why does the military punish wrongful cohabitation?
Because it may bring discredit, undermine the service’s reputation, and affect perceptions of integrity and discipline. The offense emphasizes accountability for public conduct.

10. What role does community perception play?
A major role. If the relationship is widely known and viewed as scandalous or damaging to the military’s image, prosecution is more likely. Public impact is key to wrongfulness.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Wrongful Cohabitation)
  • 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. Huertalopez, 24 M.J. 78 (1987)
  • 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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