If you face a possible military case, you may need to know which punitive articles of the Uniform Code of Military Justice (U.C.M.J.) apply. We provide you a list.
UCMJ Article 134: Gambling with Subordinate. 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. Gambling by an officer with an enlisted person may be a violation of Article 133. UCMJ Article 134: Homicide, Negligent.
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 in detail specific outlawed offenses and their repercussions for service members. UCMJ Article 134: Gambling with Subordinate. Article 134, UCMJ. General article. Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special,. If you face a possible military case, you may need to know which punitive articles of the Uniform Code of Military Justice (U.C.M.J.) apply. We provide you a list. Punitive U.C.M.J. Article 77: Principals U.C.M.J. Article 78: Accessory after the fact U.C.M.J. Article 134, UCMJ. General article. Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special,.
Punitive U.C.M.J. Articles
U.C.M.J. Article 77: Principals
U.C.M.J. Article 78: Accessory after the fact
U.C.M.J. Article 79: Conviction of lesser included offense
U.C.M.J. Article 80: Attempts
U.C.M.J. Article 81: Conspiracy
U.C.M.J. Article 82: Solicitation
U.C.M.J. Article 83: Fraudulent enlistment, appointment, or separation
U.C.M.J. Article 84: Unlawful enlistment, appointment, or separation
U.C.M.J. Article 85: Desertion
U.C.M.J. Article 86: Absence without leave
U.C.M.J. Article 87: Missing movement
U.C.M.J. Article 88: Contempt toward officials
U.C.M.J. Article 89: Disrespect toward superior commissioned officer
U.C.M.J. Article 90: Assaulting or willfully disobeying superior commissioned officer
U.C.M.J. Article 91: Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
U.C.M.J. Article 92: Failure to obey order or regulation
U.C.M.J. Article 93: Cruelty and maltreatment
U.C.M.J. Article 94: Mutiny or sedition
U.C.M.J. Article 95: Resistance, flight, breach of arrest, and escape
U.C.M.J. Article 96: Releasing prisoner without proper authority
U.C.M.J. Article 97: Unlawful detention
U.C.M.J. Article 98: Noncompliance with procedural rules
U.C.M.J. Article 99: Misbehavior before the enemy
U.C.M.J. Article 100: Subordinate compelling surrender
U.C.M.J. Article 101: Improper use of countersign
U.C.M.J. Article 102: Forcing a safeguard
U.C.M.J. Article 103: Captured or abandoned property
U.C.M.J. Article 104: Aiding the enemy
U.C.M.J. Article 105: Misconduct as prisoner
U.C.M.J. Article 106: Spies
U.C.M.J. Article 106a: Espionage
U.C.M.J. Article 107: False official statements
U.C.M.J. Article 108: Military property of United States – Loss, damage, destruction, or wrongful disposition
U.C.M.J. Article 109: Property other than military property of United States – waste, spoilage, or destruction
U.C.M.J. Article 110: Improper hazarding of vessel
U.C.M.J. Article 111: Drunken or reckless operation of a vehicle, aircraft, or vessel
U.C.M.J. Article 112: Drunk on duty
U.C.M.J. Article 112a: Wrongful use, possession, etc., of controlled substances
U.C.M.J. Article 113: Misbehavior of sentinel
U.C.M.J. Article 114: Dueling
U.C.M.J. Article 115: Malingering
U.C.M.J. Article 116: Riot or breach of peace
U.C.M.J. Article 117: Provoking speeches or gestures
U.C.M.J. Article 118: Murder
U.C.M.J. Article 119: Manslaughter
U.C.M.J. Article 119a: Death or injury of an unborn child
U.C.M.J. Article 120: Rape, sexual assault, and other sexual misconduct
U.C.M.J. Article 120a: Stalking
U.C.M.J. Article 121: Larceny and wrongful appropriation
U.C.M.J. Article 122: Robbery
U.C.M.J. Article 123: Forgery
U.C.M.J. Article 123a: Making, drawing, or uttering check, draft, or order without sufficient funds
U.C.M.J. Article 124: Maiming
U.C.M.J. Article 125: Sodomy
U.C.M.J. Article 126: Arson
U.C.M.J. Article 127: Extortion
U.C.M.J. Article 128: Assault
U.C.M.J. Article 129: Burglary
U.C.M.J. Article 130: Housebreaking
U.C.M.J. Article 131: Perjury
U.C.M.J. Article 132: Frauds against the United States
U.C.M.J. Article 133: Conduct unbecoming an officer and a gentleman
U.C.M.J. Article 134: General article, includes:
Abusing public animal (U.C.M.J. Article 134)
Adultery (U.C.M.J. Article 134)
Assault with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking (U.C.M.J. Article 134)
Bigamy (U.C.M.J. Article 134)
Bribery or graft (U.C.M.J. Article 134)
Burning with intent to defraud (U.C.M.J. Article 134)
Check, worthless, making and uttering – by dishonorably failing to maintain funds (U.C.M.J. Article 134)
Child endangerment (U.C.M.J. Article 134)
Cohabitation, wrongful (U.C.M.J. Article 134)
Correctional custody – offenses against (U.C.M.J. Article 134)
Debt, dishonorably failing to pay (U.C.M.J. Article 134)
Disloyal statements (U.C.M.J. Article 134)
Disorderly conduct, drunkenness (U.C.M.J. Article 134)
Drinking liquor with prisoner (U.C.M.J. Article 134)
Drunk prisoner (U.C.M.J. Article 134)
Drunkenness – incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug (U.C.M.J. Article 134)
False or unauthorized pass offenses (U.C.M.J. Article 134)
False pretenses, obtaining services under (U.C.M.J. Article 134)
False swearing (U.C.M.J. Article 134)
Firearm, discharging – through negligence (U.C.M.J. Article 134)
Firearm, discharging – willfully, under such circumstances as to endanger human life (U.C.M.J. Article 134)
Fleeing scene of accident (U.C.M.J. Article 134)
Fraternization (U.C.M.J. Article 134)
Gambling with subordinate (U.C.M.J. Article 134)
Homicide, negligent (U.C.M.J. Article 134)
Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official (U.C.M.J. Article 134)
Indecent language (U.C.M.J. Article 134)
Jumping from vessel into the water (U.C.M.J. Article 134)
Kidnapping (U.C.M.J. Article 134)
Mail: taking, opening, secreting, destroying, or stealing (U.C.M.J. Article 134)
Mails: depositing or causing to be deposited obscene matters in (U.C.M.J. Article 134)
Misprision of serious offense (U.C.M.J. Article 134)
Obstructing justice (U.C.M.J. Article 134)
Wrongful interference with an adverse administrative proceeding (U.C.M.J. Article 134)
Pandering and prostitution (U.C.M.J. Article 134)
Parole, violation of (U.C.M.J. Article 134)
Perjury: subornation of (U.C.M.J. Article 134)
Public record: altering, concealing, removing, mutilating, obliterating, or destroying (U.C.M.J. Article 134)
Quarantine: medical, breaking (U.C.M.J. Article 134)
Reckless endangerment (U.C.M.J. Article 134)
Restriction, breaking (U.C.M.J. Article 134)
Seizure: destruction, removal, or disposal of property to prevent (U.C.M.J. Article 134)
Self-injury without intent to avoid service (U.C.M.J. Article 134)
Sentinel or lookout: offenses against or by (U.C.M.J. Article 134)
Soliciting another to commit an offense (U.C.M.J. Article 134)
Stolen property: knowingly receiving, buying, concealing (U.C.M.J. Article 134)
Straggling (U.C.M.J. Article 134)
Testify: wrongful refusal (U.C.M.J. Article 134)
Threat or hoax designed or intended to cause panic or public fear (U.C.M.J. Article 134)
Threat, communicating (U.C.M.J. Article 134)
Unlawful entry (U.C.M.J. Article 134)
Weapon: concealed, carrying (U.C.M.J. Article 134)
Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button (U.C.M.J. Article 134)
UCMJ Article 134
Ucmj Gambling In Uniform Ranks
Adultery (General Article)
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. Although adultery is often difficult to prove, commanders at the lowest appropriate levels are given great leeway in deciding what is considered to bring discredit upon their unit or what is prejudicial to its good order and discipline. It is also important to note that single service members can be charged with adultery if the person with whom they had intercourse is married at the time of the act.
Maximum Possible Punishments for violations of Article 134: Adultery
The maximum punishment according to Article 134 (Adultery) is a Dishonorable Discharge, forfeiture of all pay and allowances, and confinement for one year.
Understanding Article 134 (Adultery) of the UCMJ
The crime of adultery under the UCMJ consists of three elements. All three of these elements must be proved by the government beyond a reasonable doubt in order to charge a service member with adultery and include:
- That the accused wrongfully had sexual intercourse with a certain person;
- That, at the time, the accused or the other person was married to someone else; and
- That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Article 134 also sets forth nine factors a commander should consider when deciding whether a service member’s adulterous actions are prejudicial to his or her unit’s good order and discipline or are of a nature to bring discredit upon the armed forces:
- The accused’s marital status, rank, or position;
- The co-actor’s marital status, rank, position, or relationship to the armed forces;
- The military status of the accused’s spouse or spouse of the co-actor, or their relationship to the armed forces;
- The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their military duties;
- The misuse, if any, of government time and resources to facilitate the commission of the conduct;
- Whether the conduct persisted despite counseling or orders to desist; the flagrancy of the conduct, such as whether any notoriety ensued; whether the adulterous act was accompanied by other violations of the UCMJ;
- The negative impact of the conduct on the units of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit morale, teamwork, and efficiency;
- Whether the accused or co-actor was legally separated; and
- Whether the adulterous conduct involves an ongoing or recent relationship or is remote in time.
How do you defend against Article 134 charges for fraternization?
Ucmj Gambling In Uniform Regulations
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 who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 20 years of experience in military law and a sought-after speaker and lecturer on military law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding a wide variety of matters and a diverse background of clientsIf you are someone you know is facing Article 134 charges for adultery you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.
Ucmj Gambling In Uniform Laws
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