UCMJ ARTICLES

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UCMJ ARTICLES

The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. The UCMJ is a federal law enacted by Congress. The UCMJ articles define specific outlawed offenses and their repercussions for service members.

Military members are subject to many rules, regulations, and laws. Besides having to obey the laws of the United States and their host countries in times of peace under international treaties, they are also subject to a unique set of laws made just for them, the Uniform Code of Military Justice or UCMJ.

The UCMJ is a federal law enacted by Congress that applies to all active duty members, activated National Guard and Reserve members, and military academy students. Some civilians supporting the military during wartime are also subject to the UCMJ. Learn more here.

UCMJ Article 134: Disloyal Statements
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UCMJ Article 134: Disloyal Statements

Certain disloyal statements by military personnel may not constitute an offense under 18 U.S.C. §§ 2385, 2387, and 2388 but may, under the circumstances, be punishable under this article.

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UCMJ Article 134: Debt, Dishonorably Failing to Pay
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UCMJ Article 134: Debt, Dishonorably Failing to Pay

To be prosecuted for an Article 134 violation for debt, dishonorably failing to pay, more than negligence in nonpayment is necessary. The failure to pay must be characterized by deceit, evasion, false promises, or other distinctly culpable circumstances indicating a deliberate nonpayment or grossly indifferent attitude toward one’s just obligations.

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UCMJ Article 134: Child Pornography
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UCMJ Article 134: Child Pornography

Article 134—Child pornography is not intended to preempt prosecution of other federal and state law child pornography and obscenity offenses which may be amenable to courts-martial via Article 134 clauses 2 and 3.

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UCMJ Article 134: Bigamy
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UCMJ Article 134: Bigamy

Bigamy is contracting another marriage by one who already has a living, lawful spouse. If a prior marriage were void, it would have created no status of “lawful spouse.” A belief that a previous marriage has been terminated by divorce, death of the other spouse, or otherwise constitutes a mistake of fact defense only if the belief was reasonable.

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UCMJ Article 134: Animal Abuse
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UCMJ Article 134: Animal Abuse

Generally, this offense prohibits intentional abuse, culpable neglect, and abandonment of an animal. This offense does not include legal hunting, trapping, or fishing; reasonable and recognized acts of training, handling, or disciplining of an animal; normal and accepted farm or veterinary practices; research or testing conducted by approved governmental protocols; protection of person or property from an unconfined animal; or authorized military operations or military training.

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UCMJ Article 134: Adultery
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UCMJ Article 134: Adultery

Adultery in the military is addressed under Article 134 of the UCMJ, also known as the “General Article,” which is a list of prohibited conduct that is of a nature to bring discredit upon the armed forces or is prejudicial to good order and discipline.

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UCMJ Article 133: Conduct Unbecoming an Officer and a Gentleman
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UCMJ Article 133: Conduct Unbecoming an Officer and a Gentleman

Conduct unbecoming an officer and a gentleman in the military is addressed under Article 133 of the UCMJ. According to the article, “There are specific moral attributes common to the ideal officer and perfect gentleman, a lack of which is indicated by acts of dishonesty, unfair dealing, indecency, indecorum, lawlessness, injustice, or cruelty.

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UCMJ Article 132: Retaliation
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UCMJ Article 132: Retaliation

Article 132 focuses upon the abuse of otherwise lawful military authority to retaliate against any person for reporting, or plan to report, a criminal offense or for making, or planning to make, a protected communication or to discourage any person from reporting a criminal offense or for making or planning to make a protected communication.

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