UCMJ Articles
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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 court-martial-lawyer via Article 134 clauses 2 and 3.
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UCMJ Article 134: Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds
The gist of the offense lies in the conduct of the accused after uttering the instrument. Mere negligence in maintaining one’s bank balance is insufficient for this offense, for the accused’s conduct must reflect bad faith or gross indifference.
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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
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
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
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
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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UCMJ Article 131g: Wrongful Interference with Adverse Administrative Proceeding
Examples of wrongful interference include wrongfully influencing, intimidating, impeding, or injuring a witness, an investigator, or other person acting on an adverse administrative action using bribery, intimidation, misrepresentation, or force or threat…
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UCMJ Article 131f: Noncompliance with Procedural Rules
The unnecessary delay in disposing of the case section of Article 131f is to ensure expeditious disposition of cases of persons accused of offenses under the UCMJ.
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UCMJ Article 131e: Prevention of Authorized Seizure of Property
The military designates specific military personnel who may be able to make seizures. The search or seizure being technically defective is not an adequate defense.
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UCMJ Article 131d: Wrongful Refusal to Testify
To qualify as a witness” means that the witness declares that the witness will testify truthfully. A good faith but legally incorrect belief in the right to remain silent does not constitute a defense to a charge of wrongful refusal to testify.
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UCMJ Article 131c: Misprision of Serious Offence
Misprision of a serious offense is concealing a serious offense committed by another but without such previous contact with or subsequent assistance to the principal as would make the accused an accessory.