UCMJ ARTICLE 122 ROBBERY

Article 122 of the UCMJ deals with robbery. If any person subject to the UCMJ, with the intent to steal, takes property of value from another, against that person’s will, by means of violence or force (for example, with a firearm) or by threatening that person or their family with immediate or future injury, the accused is guilty of robbery and subject to punishment by court-martial.

MAXIMUM PUNISHMENT UNDER ARTICLE 122

If a person subject to the UCMJ commits robbery with a firearm, the maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

In all other cases, the maximum punishment is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

EXPLANATION FOR ELEMENTS UNDER ARTICLE 122

• Taking the property of the victim in his presence

Whether or not the property taken was in the presence of the victim is irrelevant. For instance, if the accused enters a house and forces the victim, by issuing threats, to disclose the location of the hidden valuables in an adjoining room and on getting the information, if he ties up the owner, goes into that room and steals the valuables, we can say that the accused committed robbery.

• Taking the property by violence or by force

The accused has used violence or force to commit a robbery if the victim has been subjected to actual violence or force before, or as the accused was taking the victim's property against his will. It is immaterial whether the victim felt fear or not.

If the accused overcame the victim's actual resistance, if he had put the victim in a position where he could not offer resistance, or if the accused overcame the resistance offered by a fastening or chain, which had attached the property to the victim, then it is an act of robbery.

It is not a robbery if the article was snatched from the victim's hands, if it was taken by stealth, if no force was used and the victim did not become fearful. But if an earring was snatched from a person's ear or the person's attention was diverted by the pickpocket's confederate who jostled him, while the pickpocket removed the victim's watch, then there is sufficient violence and it becomes an act of robbery. If a guard takes articles from the person of a prisoner after handcuffing him, supposedly to prevent the prisoner's escape, it is also included as an act of robbery.

Robbery also includes larceny

One of the elements of robbery is the intent to steal, which makes larceny a lesser-included offense of robbery. The prosecution must prove this element beyond a reasonable doubt as part of the robbery charge.

Robbing from multiple victims

If the accused has stolen properties of different persons present at the same place and time, these are separate offenses and each of the acts will be separately specified.

LESSER OFFENSES INCLUDED UNDER ARTICLE 122

A lesser offense is a charge that the court-martial may find the accused, or any person subject to the UCMJ, guilty of, even if it has found them not guilty of the original charge.

For instance, a person who has been held not guilty of robbery may be held guilty of offenses under:

• Article 121 (larceny)
• Article 121 (wrongful appropriation)
• Article 128 (assault, assault that ended in battery)
• Article 128 ( assaulting a person with a dangerous weapon)
• Article 128 (assaulting a person with the intention to inflict grievous bodily harm)
• Article 80 (attempts)

If this happens, the court may impose the punishments given under the particular article or articles. For more information on this article, please refer to the Manual for Courts Martial.

FAQ – Article 122 Robbery under the UCMJ

1. How does robbery differ from larceny under military law?
Robbery always involves force, violence, or intimidation, while larceny is simply the wrongful taking of property without consent. Because of this, robbery is treated as a more serious offense and carries harsher punishments. Larceny is a lesser-included offense of robbery, meaning the government must always prove the underlying theft element when prosecuting robbery.

2. What qualifies as “threats” in a robbery charge?
Threats can include direct verbal statements, gestures, or conduct suggesting harm to the victim or their family. The law recognizes both immediate threats and future threats if they are tied to the unlawful taking of property. The critical factor is whether a reasonable person in the victim’s position would feel compelled to surrender their property.

3. Does the victim have to be physically present when property is taken?
No. Military courts have consistently held that the victim need not physically witness the property being removed. If force or threats are used to overcome resistance or compel cooperation, and property is taken as a result, the offense is still robbery. This principle closes loopholes that would otherwise allow offenders to avoid liability by separating victims from their possessions.

4. How does military law treat robberies involving multiple victims?
Each victim is treated as the subject of a separate robbery charge, even if the acts occurred in the same place and time. For example, if an accused points a weapon at three people and takes property from all of them, the government can bring three separate charges. This ensures accountability for the full scope of criminal conduct.

5. Why are robberies with firearms punished more severely?
The use of a firearm elevates the danger to life and makes the crime more intimidating for victims. Military law reflects this by authorizing a higher maximum sentence when firearms are involved. Even if no shot is fired, the presence of a weapon signals a heightened threat to good order and discipline in the armed forces.

6. Can robbery be charged if the victim did not actually feel fear?
Yes. The law focuses on the actions of the accused rather than the subjective state of the victim. If the accused used force or violence, or created a situation where resistance was impossible, robbery can be established regardless of whether the victim testifies to being afraid. This objective approach prevents defendants from escaping liability based on the victim’s personal reactions.

7. What defenses are most commonly raised in robbery cases?
Accused service members may argue mistaken identity, lack of intent to permanently steal, or claim that only larceny occurred without the use of force or threats. In some cases, coercion or duress may also be raised, but these defenses are narrowly applied. Because robbery is a complex offense with multiple elements, defense counsel must carefully examine whether the government can prove each one beyond a reasonable doubt.

8. How does a robbery conviction affect a service member’s military career?
Robbery is considered a felony-level offense in military law and typically results in a dishonorable discharge if convicted. This discharge status carries lifelong consequences, including loss of veterans’ benefits and difficulty obtaining civilian employment. Beyond confinement, the stigma of a robbery conviction severely impacts both the professional and personal future of the accused.