UCMJ Article 134
The MCM states any service member may be subject to prosecution for a violation of Article 134 – Indecent Language if it can be demonstrated that:
- the accused orally or in writing communicated to another person certain language;
- such language was indecent; and
- 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.
- If appliable, That the person to whom the language was communicated was a child under the age of 16.
Understanding Article 134 (Indecent Language) of the UCMJ
Indecent language is that which is grossly offensive to modesty, decency, or propriety, or shocks the moral sense, because of its vulgar, filthy, or disgusting nature, or its tendency to incite lustful thought. Language is indecent if it tends reasonably to corrupt morals or incite libidinous thoughts. The language must violate community standards.
Maximum Possible Punishment for Violations of Article 134
Service members convicted of a violation of Article 134 for Indecent Language face differing maximum possible punishments depending upon the nature of the violation.
If the indecent language was communicated to any child under the age of 16 years, the maximum possible punishment is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
All other cases of indecent language violations result in a maximum possible punishment of a bad-conduct discharge; forfeiture of all pay and allowances, and confinement for 6 months.
How do you defend against Article 134 Indecent Language 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 more than 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 Indecent Language, 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.
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