In most cases run ins with the UCMJ occur under Article 15of the UCMJ, the proverbial Commanding Officer’s Nonjudicial Punishment. Article 81 - Conspiracy. 1 II. The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States Code. 78).................................................HH 1224, 1242 (See alsoPrincipals) Article 121 - Larceny and wrongful appropriation, Article 123a - Making, drawing, or uttering check, draft, or order without sufficient funds, Article 132 - Frauds against the United States, Article 133 - Conduct unbecoming an officer and gentleman, Article 134-4 - Assault—with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking, Article 134-7 - Burning with intent to defraud, Article 134-8 - Check, worthless, making and uttering—by dishonorably failing to maintain funds, Article 134-10 - Correctional custody—offenses against, Article 134-11 - Debt, dishonorably failing to pay, Article 134-13 - Disorderly conduct, drunkenness, Article 134-14 - Drinking liquor with prisoner, Article 134-16 - Drunkenness—incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug, Article 134-17 - False or unauthorized pass offenses, Article 134-18 - False pretenses, obtaining services under, Article 134-20 - Firearm, discharging—through negligence, Article 134-21 - Firearm, discharging—willfully, under such circumstances as to endanger human life, Article 134-22 - Fleeing scene of accident, Article 134-24 - Gambling with subordinate, Article 134-1 - Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official, Article 134-26 - Indecent acts or liberties with a child, Article 134-29 - Indecent acts with another, Article 134-30 - Jumping from vessel into the water, Article 134-32 - Mail: taking, opening, secreting, destroying, or stealing, Article 134-33 - Mails: depositing or causing to be deposited obscene matters in, Article 134-34 - Misprision of serious offense, Article 134-36 - Wrongful interference with an adverse administrative proceeding, Article 134-37 - Pandering and prostitution, Article 134-40 - Public record: altering, concealing, removing, mutilating, obliterating, or destroying, Article 134-41 - Quarantine: medical, breaking, Article 134-43 - Requesting commission of an offense, Article 134-45 - Seizure: destruction, removal, or disposal of property to prevent, Article 134-46 - Self-injury without intent to avoid service, Article 134-47 - Sentinel or lookout: offenses against or by, Article 134-48 - Soliciting another to commit an offense, Article 134-49 - Stolen property: knowingly receiving, buying, concealing, Article 134-51 - Testify: wrongful refusal, Article 134-55 - Weapon: concealed, carrying, Article 134-56 - Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button. An Article 15 case may be referred to a less formal type of court-martial, known as a summary court-martial. Learn More, Drug offenses in the military are addressed under Article 112a of the UCMJ. UCMJ Article 110 – Improper Hazarding of Vessel or Aircraft, UCMJ Article 111 – Leaving Scene of Vehicle Accident, UCMJ Article 112 – Drunkenness and Other Incapacitation Offenses, UCMJ Article 112a – Wrongful Use, Possession of Controlled Substances, UCMJ Article 113 – Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel, UCMJ Article 116 – Riot or Breach of Peace, UCMJ Article 117 – Provoking Speeches or Gestures, UCMJ Article 119a – Death or Injury of an Unborn Child, UCMJ Article 120 – Rape and Sexual Assault Generally, UCMJ Article 120a – Mails: Deposit of Obscene Matter, UCMJ Article 120b – Rape and Sexual Assault of a Child, UCMJ Article 120c – Other Sexual Misconduct, UCMJ Article 121 – Larceny and Wrongful Appropriation, UCMJ Article 121a – Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices, UCMJ Article 121b – False Pretenses to Obtain Services, UCMJ Article 122a – Receiving Stolen Property, UCMJ Article 123 – Offenses Concerning Government Computers, UCMJ Article 123a – Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds, UCMJ Article 124 – Fraud Against the United States, UCMJ Article 126 – Arson; Burning with Intent to Defraud, UCMJ Article 129 – Burglary; Unlawful Entry, UCMJ Article 131a – Subornation of Perjury, UCMJ Article 131c – Misprision of Serious Offense, UCMJ Article 131d – Wrongful Refusal to Testify, UCMJ Article 131e – Prevention of Authorized Seizure of Property, UCMJ Article 131f – Noncompliance with Procedural Rules, UCMJ Article 131g – Wrongful Interference with Adverse Administrative Proceeding, UCMJ Article 133 – Conduct Unbecoming an Officer and a Gentlemen, UCMJ Article 134 – Adultery (General Article), UCMJ Article 134 – Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds, UCMJ Article 134 – Debt, Dishonorably Failing to Pay, UCMJ Article 134 – Disorderly Conduct, Drunkenness, UCMJ Article 134 – Firearm, Discharging Through Negligence, UCMJ Article 134 – Gambling with Subordinate, UCMJ Article 134 – Pandering and Prostitution, UCMJ Article 134 – Self Injury, Without Intent to Avoid Service, sign any false record, return, regulation, order, or other official document, knowing it to be false; or. This article grants commanding officers, typically via the suggestions … Learn More, Conviction of Offense Charged, Lesser Included Offenses, and Attempts- Article 79 of the UCMJ includes an array of charges that may be divided into four …Learn More, A service member may be charged with a violation of Article 80 if they intentionally attempted to commit a crime that was executed unsuccessfully. However, some well-known offenses include the following: Conspiracy (Article 81) Desertion (Article 85) AWOL (Article 86) Failure to Obey an Order (Article 92) Mutiny and Sedition (Article 94) Learn More, The MCM states any service member may be prosecuted under Article 88 (Contempt Toward Officials) if they use “contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present.” Learn More, A military service member may be subject to prosecution for a violation of Article 89 (Assault of a Superior Commissioned Officer) if they strike their superior commissioned officer or draw or lift up any weapon or offer any violence against that officer while the officer is in the execution of the officer’s office. Learn More, This offense is similar to the offenses of larceny and wrongful appropriation by false pretenses (Article 121), except that the object of the obtaining is services rather than money, personal property, or articles of value of any kind. Learn More, A prisoner is anyone who is in confinement, custody, or under sentence of a court martial. Learn More, Absence Without Leave (AWOL) in the military is addressed under Article 86 of the UCMJ. Learn More, Article 123a is used to discourage financial irresponsibility by criminalizing the use of checks or drafts when the accused is aware where will be insufficient funds available when the check or draft is presented for payment. Mail matter refers to any matter deposited in a postal system of any government or any authorized depository or in official mail channels of the United States or an agency of the United States including the armed forces. The terms wastes and spoils refer to acts of voluntary destruction of or permanent damage to property. The circumstances surrounding the event determines if the killing is deemed to be murder or a lesser offense. Information concerning accused section of CG-4910 ADMIN 4. The actual thief is not criminally liable for receiving the property stolen; however a principal to the larceny, when not the actual thief, may be found guilty of knowingly receiving the stolen property but may not be found guilty of both the larceny and receiving the property. Justice president truman. Learn More, The accused must have intended for or had reason to believe the information or documentation provided to the other party would be used to either harm the United States or to give an advantage to a foreign nation. The benefits could range from something as simple as offering the offender a “safe place to stay” to something as complex as assisting the principal in destroying evidence. As an enlisted service member, you are trained in the use of deadly weapons and it may be second nature to have a weapon on your person. The accused must have also struck, assaulted, disobeyed, or disrespected the officer. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer Learn More, Value and damage vary and is determined by calculating the amount of damage and the estimated or actual cost of repair by the Government agency normally employed in such work, or the cost of replacement, as shown by Government price lists or otherwise, whichever is less. UCMJ Article 134: Animal Abuse Learn More, Any service member may be subject to prosecution for a violation of Article 125 if they seize, confine, inveigle, decoy, or carry away another person; and holds the other person against that person’s will. UNIFORM CODE OF MILITARY JUSTICE Effective December 20, 2019 Includes Updates From FY 18, 19, and 20 NDAA . Articles 77 through 134 of the UCMJ are known as the "punitive articles." Subchapter I. Learn More, 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. var callback = function () { The punitive articles of the UCMJ contain numerous offenses – so many, in fact, that we won’t bore you by listing them all here. Learn More, A riot is a tumultuous disturbance of the peace by three or more people assembled together with a common purpose. Learn More, While drunkenness is self-explanatory, disorderly conduct is conduct of such a nature as to affect the peace and quiet of persons who may witness it and who may be disturbed or provoked to resentment thereby. Learn More, For the purposes of this article, Military or official pass, permit, discharge certificate, or identification card includes, as well as the more usual forms of these documents, all documents issued by any governmental agency for the purpose of identification and copies thereof. window.location = url; to an enemy, this does not include the furnishing of subsistence, quarters, comforts, or aid that is lawfully entitled to prisoners of war. Article 83 – Fraudulent enlistment, appointment, or separation. Part IV is organized by paragraph beginning with Article 77; therefore, each paragraph number is associated with an article. Gambling by an officer with an enlisted person may be a violation of Article 133. Its purpose is to make clear that a person need not personally perform the acts necessary to constitute an offense to be guilty of it. • Paragraph 48c(4), Article 123, Forgery, was amended to add the word “to” after the word “liability” the second time it appears in the fifth sentence. Learn More, This offense can only be committed by a noncommissioned or petty officer gambling with an enlisted person of less than noncommissioned or petty officer rank. Article 134 makes punishable acts in three categories of offenses not specifically cov-ered in any other article of the code. Compelling surrender requires the place, military property, or command to be abandoned or given up for the offense to be complete. It includes conduct that endangers public morals or outrages public decency and any disturbance of a contentious or turbulent character. Complete command directed investigation and provide recommendation for disposition on CG-4910 (Report of Offense and Disposition, and Record of Non-Judicial Punishment) PIO 3. The general article. These records also include classified matters. Article 94: Mutiny or sedition U.C.M.J. If you do not want your case to be decided at a summary court-martial, you have the right to refuse it. Learn More, Forgery may be committed either by falsely making a writing or by knowingly uttering a falsely made writing. In the case of damage, the amount of damage controls. Likewise, it is maiming to cut off an ear or to scar a face with acid, as these injuries seriously disfigure a person. these are specific offenses which, if violated, can result in punishment by court-martial. Restraint of persons charged with offenses. Reports and receiving of prisoners. Other UCMJ Articles contained in Appendix 2 of the MCM: † Article 1 was amended to delete the term “law specialist” and to amend the definitions of Coast Guard Judge Advocate and TJAG. There is no specific UCMJ Article concerned with the wear of the military uniform. Rod Powers was the U.S. Military expert for The Balance Careers and was a retired Air Force First Sergeant with 22 years of active duty service. Conduct Constituting a Non-capital Crime. UCMJ Article 109a – Mail Matter: Wrongful Taking, Opening, Etc. §§ 2385, 2387, and 2388, but may, under the circumstances, be punishable under this article. The accused must have had knowledge of the crime committed and must have done something to benefit the offender AFTER the crime was committed. (12) The term “legal officer” means any commissioned officer of the Navy, Marine Corps, or Coast Guard designated to perform legal duties for a command. The UCMJ is a federal law, enacted by Congress. There are three elements common to both aspects of forgery: a writing falsely made or altered; an apparent capability of the writing as falsely made or altered to impose a legal liability on another or to change another’s legal rights or liabilities to that person’s prejudice; and an intent to defraud. A parole is the words used to check the countersign. 801 Art. Learn More, Subornation of perjury differs from standard perjury due to it being applied to the individual who influence, persuade, or cause another person to commit perjury. Learn More, While this offense may be committed against any child under 16, the age of the victim is a factor in the culpable negligence determination. Learn More, The wasting or spoiling non-military property section of Article 109 refers to the willful or reckless waste or spoliation of the real property of another individual. The soldier has the option to accept the Article 15 or turn it down and demand trial by court-martial. Many will also likely have civilian court cases as well if other local laws were broken too such as driving drunk to rape or murder. The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. Learn vocabulary, terms, and more with flashcards, games, and other study tools. 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. Clause 1 offenses involve disorders and neglects to the prejudice of good order and discipline in the armed forces. This article of the UCMJ states any person subject to the UCMJ who commits an offense punishable by the UCMJ, or aids,s abets, counsels, commands, or procures its commission; or causes an act to be done which if directly performed by him or her would be punishable, is a principal and can be punished to the same extent as the one who commits the crime directly? 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 in this regard. Learn More, For the purposes of Article 99, enemy refers to any organized oppositional forces in a time of war or any hostile opposing body with whom our forces may be engaged. In either case, it is immaterial that no one is, in fact, injured. Article 78 – Accessory after the fact. 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. One of the most frequently acknowledged articles of the UCMJ articles is Article 15. This destruction is punishable whether done willfully, intentionally, recklessly, or is through a culpable disregard of the foreseeable consequences. Apprehension of deserters. (13) The term “judge advocate” means— The law requires the Commander-in-Chief (The President of the United States) to implement the provisions of the UCMJ. Learn More, The purpose of Article 93a is to protect those recruits or trainees who may be vulnerable to authority figures in a training environment. 815 15 IV. Learn More, Receiving stolen property is wrongful if it is without justification or excuse. The scope of Article 86 covers any case not addressed in another Article in which a service member is, through the service member’s own fault, not at the place where the member…Learn More, In order to be convicted of a violation of Article 87, the prosecution must prove beyond a reasonable doubt the accused was absent during “a move, transfer, or shift of a ship, aircraft, or unit involving a substantial distance and period of time.” Learn More, Article 87b of the MCM states a service member may be subject to prosecution if they, escape from correctional custody, breach of correctional custody, or breach of restriction. 86)..................................................HH 1225 Accessory After the Fact(Art. Conduct that endangers public morals or incite libidinous thoughts ucmj articles list under sentence of a challenge and gentleman... Service members of damage, the killing is deemed to be false a Nature to Bring Discredit the! 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