UCMJ Article 134

There are currently 54 unique criminal offenses under Article 134. These offenses cover a very wide range of crimes, broad in both scope and sentencing. As stated above, the Manual for Courts-Martial, or MCM, lists maximum punishments for specific offenses, as well as the necessary elements of crime for conviction and an explanation of each offense. Article 134 offenses include actions such as animal abuse, adultery, kidnapping, and even disloyal statements.

Article 134 essentially exists as a “catch-all” for offenses not explicitly mentioned in any other Article of the UCMJ. The Article divides these offenses into three major categories or clauses.

• Those offenses that bring disorders or neglect to the discipline of the armed forces.
• Offenses which involve conduct that brings discredit to the armed forces.
• Offenses which involve any violation of federal law, non-capital offenses, or assimilated federal crimes.

Charges brought against someone under Article 134 have a wide range. These charges can be brought before one of the three levels of courts-martial, depending on the severity. The most serious offenses incur decades-long sentencing, and put your future as a civilian in grave jeopardy. A negative military record of trial, such as for dishonorable discharge, bad conduct discharge, or sex offenses, follows you wherever you go. 

One wrong move, and you lose years of accrued benefits, including retirement and healthcare. If you face Article 134 charges, you need the right attorney to defend your future. Aden Wilkie, the Devil Dog Defender, is a Marine Veteran who fights on behalf of armed service members nationwide.

Improper sexual conduct under Article 134 is a vague term. The Article acts to include every form of improper sexual conduct not explicitly listed in Article 120. Below, we list common sexual misconduct charges.

• Adultery
• Rank misconduct between a subordinate and their commanding officer
• Solicitation
• Sexual arrangements considered “nontraditional”
• Various other consensual sexual acts which the Article considers indecent

Even officers may be accused of sexual misconduct under Article 133. This is a similarly broad range of actions which the military considers improper.

Improper sexual conduct,  to incur a charge, must involve the prosecution showing that the conduct harmed the reputation of the military in some way. In sexual misconduct cases, the prosecution must first prove that the misconduct  occurred. Then they must prove that it either impacted your performance or that it harmed the reputation of the armed forces in some way.

At The Wilkie Law Group, we know how serious allegations of misconduct are. They can end your career, and even change your life as you know it. That’s why we’re committed to protecting your future. Call our North Carolina office today at 910-333-9626 for a free consultation.

Under Article 134, solicitation includes a multitude of actions with the purpose of requesting or encouraging the committing of a crime by someone else. Examples of solicitation are tempting, commanding, influencing, urging, or inciting someone to commit a crime. To be considered true solicitation, someone must take the act seriously. This means that any statement made in a jestful or joking manner is not solicitation.

The solicited offense need not be carried out to warrant a charge. First, the prosecution must prove, however, that the accused person genuinely meant for the person they solicited to commit an offense. Prosecutors must then also prove that the accused person’s conduct negatively impacts the reputation of the armed forces, and that they knew the solicited act was a crime.

Under Article 134, adultery consists of three elements. To charge someone with adultery, the prosecutor must prove all of the following three elements: 

• The accused person did actually have wrongful sexual intercourse with someone.
• Either of the involved parties were married to another person.
• The accused person’s conduct was a detriment to the good order and discipline of the armed forces or brought discredit upon it.

Commanders consider several factors when deciding whether the service member’s actions warrant punishment. Below, we list the most common factors.

• The accused person’s rank, marital status, and position within the armed forces.
• The rank, marital status, and position relative to the armed forces of the other person involved.
• Military status of the accused person’s spouse, as well as the status of the other involved person’s spouse.
• Impact of the adultery on the ability of those involved to perform their military duties.
• Misuse of government time or resources to contribute to the commission of the adultery.
• Whether or not the adultery continued after a warning, the flagrancy of the adultery, or if the adultery was accompanied by other UCMJ violations.
• Any negative impact on the accused person’s military unit, or the unit of the other involved person.
• Legal separation of involved parties.
• When the adulterous act started, as well as whether it was ongoing or isolated.

Maximum punishments for specific violations under UCMJ Article 134 vary greatly. Firstly, to determine punishments, many factors are considered by the accused person’s commanding officer. Adultery has maximum punishments of dishonorable discharge, forfeiture of benefits and pay, and up to one year in confinement. Ultimately, officers and courts-martial consider the severity of UCMJ violations, as well as any effects they had on the function or reputation of the armed forces.