UCMJ Article 130: Stalking

The Manual for Courts-Martial states any service member may be subject to prosecution if they:

1. wrongfully engage in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to themself, to a member of their immediate family, or their intimate partner;

2. know, or should know, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to themself, to a member of their immediate family, or their intimate partner; and

3. conduct themselves in a manner that induces reasonable fear in the specific person of death or bodily harm, including sexual assault, to themself, to a member of their immediate family, or to their intimate partner.

To be convicted of an Article 130 violation, the prosecution must prove that:

1. the accused wrongfully engaged in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to themself, to a member of their immediate family, or their intimate partner;

2. the accused knew, or should have known, that the specific person would be placed in reasonable fear of death or bodily harm, including sexual assault, to themself, to a member of their immediate family, or their intimate partner; and

3. the accused’s conduct induced reasonable fear in the specific person of death or bodily harm, including sexual assault, to themself, to a member of their immediate family, or to their intimate partner.

Understanding Article 130 (Stalking) of the UCMJ

For Article 130, bodily harm refers to any offensive touching of another, however slight, including sexual assault.

The term threat refers to a communication, by words or conduct, of a present determination or intent to cause bodily harm to a specific person, an immediate family member, or an intimate partner of that person, presently or in the future. The threat may be made directly to or in the presence of the person it is directed at or towards, or it may be conveyed to such person in some manner. I just wanted to let you know that actual intent to cause bodily harm is not required.

Maximum Possible Punishment for Violations of Article 130

Service members convicted of an Article 130 violation face the maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years.

How do you defend against Article 130 Stalking charges?

When you are facing the combined resources of the military as well as 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 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 130 charges for Stalking, you need to speak with a Military defense attorney immediately. We understand what is at risk, and we know how to protect your career, your freedom, and your future. Please call Crisp and Associates Military at 888-258-1653 for a free consultation.