ARTICLES OF THE UCMJ
Key Takeaway: The Uniform Code of Military Justice establishes the punitive articles (Articles 77-134) that define every criminal offense under military law, from absence without leave to murder. These articles apply uniformly to all service members worldwide, both on and off duty, and violations can result in court-martial prosecution leading to confinement, punitive discharge, and federal criminal conviction.
What the Punitive Articles Cover: Principal offenses (attempts, conspiracy, solicitation), military discipline offenses (desertion, insubordination, orders violations), combat-related offenses, property crimes, violent crimes (murder, assault, sexual offenses), and general misconduct under the catch-all Article 134.
Critical Rules About UCMJ Articles:
- UCMJ jurisdiction follows the service member worldwide (applies on/off duty, on/off base)
- Single conduct can violate multiple articles simultaneously
- Article 134 serves as catch-all for conduct not specifically enumerated
- Statute of limitations is five years for most offenses (no limit for murder, certain sexual offenses)
- Commanders hold charging authority under Congressional oversight pressure
Why Understanding Articles Matters: Articles determine court-martial type (summary, special, general), maximum punishment authorization, and required proof elements. Misunderstanding which article applies creates defense vulnerabilities prosecutors exploit.
Next Steps if Accused: Identify which UCMJ article(s) you're suspected of violating, invoke Article 31(b) rights immediately, refuse investigative interviews without counsel, retain civilian military defense counsel before speaking to CID/NCIS/OSI, and document facts that negate required elements.
The Uniform Code of Military Justice is federal law that outlines criminal offenses under military law and defines the military justice system. Joseph L. Jordan is a former Army Judge Advocate who prosecuted and defended courts-martial before establishing his civilian military defense practice. We defend service members facing charges under any punitive article of the UCMJ at installations worldwide.
Why Former JAG Experience Matters
Former JAG experience provides critical advantages: understanding how military prosecutors build cases, insight into command charging decisions under institutional pressure, and complete independence from the chain of command with no career consequences for aggressive advocacy. We face no institutional restraints when challenging evidence, filing motions, or exposing unlawful command influence.
Court-Martial Types
Summary Court-Martial: Minor offenses, enlisted only, max 30 days confinement, creates federal conviction.
Special Court-Martial: Mid-level offenses, max 1 year confinement and bad conduct discharge.
General Court-Martial: Most serious offenses, any authorized punishment including life imprisonment and dishonorable discharge.
Click on a link below to view articles:
- UCMJ Article 78 Accessory After the Fact
- UCMJ Article 80 Attempts
- UCMJ Article 81 Conspiracy
- UCMJ Article 82 Solicitation
- UCMJ Article 84 Effecting Unlawful Enlistment, Appointment, or Separation
- UCMJ Article 85 Desertion
- UCMJ Article 86 Absence without Leave
- UCMJ Article 87 Missing Movement
- UCMJ Article 88 Contempt toward Officials
- UCMJ Article 89 Disrespect toward a Superior Commissioned Officer
- UCMJ Article 90: Assaulting or Willfully Disobeying Superior Commissioned Officer
- UCMJ Article 91 Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer
- UCMJ Article 92 Failure to Obey Order or Regulation
- UCMJ Article 93 Cruelty and Maltreatment
- UCMJ Article 94 Mutiny and Sedition
- UCMJ Article 95 Resistance, Flight, Breach of Arrest, and Escape
- UCMJ Article 96 Releasing a Prisoner without Authority
- UCMJ Article 97 Unlawful Detention
- UCMJ Article 98 Noncompliance with Procedural Rules
- UCMJ Article 99 Misbehavior before the Enemy
- UCMJ Article 100 Compelling Surrender
- UCMJ Article 101 Improper use of Countersign
- UCMJ Article 102 Forcing a Safeguard
- UCMJ Article 103 Captured or Abandoned Property
- UCMJ Article 104 Aiding the Enemy
- UCMJ Article 105 Misconduct as a Prisoner
- UCMJ Article 106 Spies
- UCMJ Article 107 Making False Official Statements
- UCMJ Article 108 Damage, Wrongful Disposition, Sale, Loss or Destruction of U.S. Military Property
- UCMJ Article 109 Waste, Destruction or Spoilage of Non- Military Property
- UCMJ Article 110 Improper Hazarding of Vessel
- UCMJ Article 111 Drunken or Reckless Operation of Vehicle, Aircraft or Vessel
- UCMJ Article 112 Drunk on Duty
- UCMJ Article 112a Wrongful use of Controlled Substances
- UCMJ Article 113 – Misbehavior of Sentinel or Lookout
- UCMJ Article 114 Dueling
- UCMJ Article 115 - Defense Against Communicating Threats
- UCMJ Article 116 Riot or Breach of Peace
- UCMJ Article 117 Provoking Speeches or Gestures
- UCMJ Article 118 Murder
- UCMJ Article 119 Manslaughter
- UCMJ Article 119a – Death or Injury of an Unborn Child
- UCMJ Article 120
- UCMJ Article 120a Stalking
- UCMJ Article 120b, Alleged Rape And Sexual Assault Of A Child Defense
- UCMJ Article 120c - Alleged Sexual Misconduct Charges
- UCMJ Article 122 Robbery
- UCMJ Article 123 Forgery
- UCMJ Article 123a. Making, Uttering or Drawing Check, Order or Draft without Sufficient Funds
- UCMJ Article 124 Maiming
- UCMJ Article 125 Sodomy
- UCMJ Article 126 Arson
- UCMJ Article 127 Extortion
- UCMJ Article 128 Assault
- UCMJ Article 129 Burglary
- UCMJ Article 130 Housebreaking
- UCMJ Article 131 Perjury
- UCMJ Article 132 Frauds Against the United States
- UCMJ Article 133 - Conduct Unbecoming an Officer and Gentleman
- UCMJ Article 134- Bigamy
- UCMJ Article 134 - Drunkenness
- UCMJ Article 134- False or Unauthorized Pass Offenses
- UCMJ Article 134- False Swearing
- UCMJ Article 134- Firearm, Discharging through Negligence
- UCMJ Article 134- Willful Discharge of Firearm under Circumstances that Endanger Human Life
- UCMJ Article 134- Fleeing the Scene of an Accident
- UCMJ Article 134 - Indecent Language
- UCMJ Article 134 - Jumping from Vessel into the Water
- UCMJ Article 134 - Kidnapping
- UCMJ Article 134 - Mail: Taking, Opening, Secreting, Destroying, or Stealing
- UCMJ Article 134 - Mails: Depositing or Causing to Be Deposited Obscene Matters in
- UCMJ Article 134- Misprision of Serious Offense
- UCMJ Article 134 - Obstructing Justice
- UCMJ Article 134 - Wrongful Interference with Adverse Administrative Proceedings
- UCMJ Article 134 - Pandering and Prostitution
- UCMJ Article 134 - Public Record Altering, Concealing, Removing, Mutilating, Obliterating or Destroying
- UCMJ Article 134 - Quarantine: Medical Breaking
- UCMJ Article 134 - Reckless Endangerment
- UCMJ Article 134 - Restriction Breaking
- UCMJ Article 134 - Seizure: Destruction, Removal, or Disposal of Property to Prevent
- UCMJ Article 134 - Self-injury Without Intent to Avoid Service
- UCMJ Article 134 - Sentinel or Lookout: Offenses Against or By
- UCMJ Article 134 - Stolen Property: Knowingly Receiving, Buying, Concealing
- UCMJ Article 134 - Straggling
- UCMJ Article 134 - Wrongful Refusal to Testify
- UCMJ Article 134 - Threat or Hoax Designed or Intended to Cause Panic or Public Fear
- UCMJ Article 134 - Threat Communicating
- UCMJ Article 134 - Unlawful Entry
- UCMJ Article 134 - Carrying a Concealed Weapon
- UCMJ Article 134 - Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, or Lapel Button
- UCMJ Article 134 - Child Endangerment
- UCMJ Article 134 - Debt, Dishonorably Failing To Pay
- UCMJ Article 134 - Disloyal Statements
- UCMJ Article 134 - Disorderly Conduct, Drunkenness
- UCMJ Article 134 - Subornation of Perjury
- UCMJ Article 134 - Violation of Parole
- UCMJ Article 134 - Correctional Custody- Offenses Against
- UCMJ Article 134 Soliciting Another to Commit an Offense
- UCMJ Article 134- Bribery and Graft
- UCMJ Article 134- Check, Worthless, Making or Uttering- by Dishonorably Failing to Maintain Funds
- UCMJ Article 134- Cohabitation, Wrongful
- UCMJ Article 134- Drinking Liquor with Prisoner
- UCMJ Article 134- Drunk prisoner
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UCMJ Attorney Jordan served as an Army prosecutor in Korea and Fort Hood (Fort Hood). His past experience with the Army JAG Corps includes service as a legal assistance attorney, chief of claims, interim chief of justice, operational law attorney, and administrative law attorney.
Frequently Asked Questions About the Articles of the UCMJ
1) What are the punitive Articles of the UCMJ?
The punitive Articles of the UCMJ are Articles 77 through 134, which set out specific criminal offenses under military law. These provisions cover a wide range of misconduct, from desertion and insubordination to fraud and sexual misconduct. Together, they form the backbone of military criminal accountability and discipline.
2) Why are the Articles of the UCMJ important?
They establish the rules that guide service member conduct and provide the legal framework for enforcing discipline in the armed forces. Violating these articles can result in consequences ranging from administrative sanctions to a court-martial. Understanding them is critical for every member of the military to safeguard their rights and careers.
3) What does Article 134 (the General Article) cover?
Article 134 is often called the “catch-all” provision of the UCMJ. It applies to misconduct not specifically listed elsewhere, but which negatively affects good order and discipline or discredits the armed forces. Because of its broad scope, many charges that do not fit neatly under another article are prosecuted under Article 134.
4) Which UCMJ Articles are most frequently charged?
In practice, certain articles appear more often than others. Common charges include Article 86 (absence without leave), Article 92 (failure to obey orders), Article 107 (false official statements), Article 112a (drug offenses), and Article 120 (sexual assault). These offenses represent recurring issues in military justice and are taken very seriously by commanders and prosecutors.
5) What is the difference between nonjudicial punishment and a court-martial?
Nonjudicial punishment under Article 15 is administrative in nature and does not create a federal criminal conviction. A court-martial, however, is a formal trial process that can lead to confinement, punitive discharge, and long-term consequences. The choice between accepting NJP and demanding a court-martial is highly significant and should be made carefully.
6) What happens at an Article 32 hearing?
An Article 32 hearing is a preliminary investigation to determine whether there is sufficient evidence to send a case to a general court-martial. It is not a trial, but it allows the defense to review the government’s evidence and question witnesses. The hearing officer then makes a recommendation to the convening authority about how to proceed.
7) What types of court-martial exist?
There are three types of court-martial: summary, special, and general. A summary court-martial is limited to minor offenses, a special court-martial is reserved for medium-level misconduct, and a general court-martial handles the most serious charges. Each type carries different maximum punishments, which reflect the severity of the alleged offense.
8) Do officers and enlisted personnel face the same punishments under the UCMJ?
While the same articles apply to all service members, punishments can differ depending on rank. For example, enlisted personnel may face reduction in rank, while officers may be subject to dismissal instead. These distinctions reflect differences in responsibility and the consequences of misconduct at different levels of command.
9) Does the UCMJ apply off duty or overseas?
Yes, the UCMJ applies worldwide and governs the conduct of service members both on and off duty. This means that actions taken outside of normal working hours or even outside the United States can still be subject to military prosecution. Service members remain under the Code’s authority at all times during their service.
10) Can a service member be tried in both civilian and military court?
It is possible for a service member to face charges in both systems because civilian and military courts are separate jurisdictions. For example, a single incident may violate both state law and the UCMJ, allowing each system to prosecute independently. This dual exposure underscores the seriousness of certain offenses.
11) Is there a statute of limitations under the UCMJ?
Yes, most offenses under the UCMJ have a statute of limitations, generally five years from the time of the offense. However, certain crimes, such as murder and some sexual offenses, may have no limitation period at all. The exact timeline depends on the specific article and the nature of the alleged crime.
12) What rights do I have if accused under the UCMJ?
Service members accused of offenses under the UCMJ have significant rights, including the right to remain silent under Article 31(b). They also have the right to consult with an attorney and to be informed of the nature of the accusations. Exercising these rights early is crucial to protecting one’s defense in any investigation.
13) Can a service member refuse Article 15 and demand a court-martial?
In many situations, a service member has the right to decline nonjudicial punishment and instead request a court-martial. This decision should not be made lightly because a court-martial carries higher risks but also provides more procedural protections. Each case is unique, and careful legal consultation is recommended before choosing this path.
14) How can a UCMJ conviction affect a military career?
A conviction under the UCMJ can lead to severe career consequences. These may include reduction in rank, loss of pay and benefits, discharge from the service, or loss of security clearance. Such outcomes can also impact civilian employment opportunities and eligibility for veterans’ benefits.
15) What options exist for appeal or review?
Several layers of appeal and review are available in the military justice system. A case may be reviewed by the convening authority, a Service Court of Criminal Appeals, the Court of Appeals for the Armed Forces, and in rare cases, the U.S. Supreme Court. Additionally, administrative review boards can sometimes address specific post-trial issues.