UCMJ Article 131a: Subornation of Perjury

The Manual for Courts-Martial states any service member may be subject to prosecution if they induce and procure another person to:

1. take an oath; and

2. falsely testify, depose, or state upon such oath;

while meeting the additional conditions of:

1. The oath is administered concerning a matter for which such oath is required or authorized by law.

2. The oath is administered by a person having the authority to do so.

3. Upon the oath, the other person willfully makes or subscribes to a statement.

4. The statement is material.

5. The statement is false.

6. When the statement is made or subscribed to, the person subject to this chapter and the other person does not believe that the statement is true.

To be prosecuted for subornation of perjury, the prosecution must demonstrate that:

1. the accused induced and procured a particular person to take an oath or its equivalent and to falsely testify, depose, or state upon such oath or its equivalent concerning a particular matter;

2. the oath or its equivalent was administered to said person in a matter in which an oath or its equivalent was required or authorized by law;

3. the oath or its equivalent was administered by a person having authority to do so;

4. upon the oath or its equivalent, said person willfully made or subscribed to a specific statement;

5. the statement was material;

6. the statement was false, and

7. the accused and the said person did not then believe that the statement was true.

Understanding Article 131a (Subornation of Perjury) of the UCMJ

Subornation of perjury differs from standard perjury because it is applied to the individual who influences, persuades, or causes another person to commit perjury.

Maximum Possible Punishment for Violations of Article 131a

Service members convicted of violating Article 131a 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 131a Subornation of Perjury 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 131a charges for Subornation of Perjury, you need to speak with a Military defense attorney right away. 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.