UCMJ Article 134: Pandering and Prostitution

The MCM divides Article 134, Pandering and Prostitution, into four categories, each with elements that must be present for a service member to be charged.

Prostitution requires that:

1. the accused engaged in a sexual act with another person, not the accused’s spouse;

2. the accused did so to receive money or other compensation;

3. this act was wrongful; and

4. under the circumstances, the conduct of the accused was either (i) to the prejudice of good order and discipline in the armed forces, (ii) was of a nature to bring discredit upon the armed forces, or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Patronizing a prostitute requires that:

1. the accused engaged in a sexual act with another person, not the accused’s spouse;

2. the accused compelled, induced, enticed, or procured such person to engage in a sexual act in exchange for money or other compensation;

3. this act was wrongful; and

4. under the circumstances, the conduct of the accused was either (i) to the prejudice of good order and discipline in the armed forces, (ii) was of a nature to bring discredit upon the armed forces, or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Pandering by inducing, enticing, or procuring an act of prostitution requires that:

1. the accused induced, enticed, or procured a particular person to engage in a sexual act for hire and reward with a person to be directed to said person by the accused;

2. this inducing, enticing, or procuring was wrongful; and

3. under the circumstances, the conduct of the accused was either (i) to the prejudice of good order and discipline in the armed forces, (ii) was of a nature to bring discredit upon the armed forces, or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Pandering by arranging or receiving consideration for arranging for a sexual act requires that:

1. the accused arranged for, or received valuable consideration for setting for, a particular person to engage in a sexual act;

2. the arranging (and receipt of consideration) was wrongful; and

3. under the circumstances, the conduct of the accused was either (i) to the prejudice of good order and discipline in the armed forces, (ii) was of a nature to bring discredit upon the armed forces, or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Understanding Article 134 (Pandering and Prostitution) of the UCMJ

While most of this article is self-explanatory, this offense does not preempt any other lawful regulations or orders prescribed by a proper authority that proscribe other forms of sexual conduct for compensation by military personnel. Violations of such regulations or orders may be punishable under Article 92.

Maximum Possible Punishment for Violations of Article 134

Service members convicted of prostitution and patronizing a prostitute face the maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for one year.

Service members convicted of pandering face the maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.

How do you defend against Article 134 Pandering and Prostitution charges?

When facing the combined resources of the military and the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these types of cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.

If you, or someone you know, is facing Article 134 charges for Pandering and Prostitution, you need to speak with a Military defense attorney right away. We understand what is at risk and know how to protect your career, freedom, and future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.