Part IV · Punitive Articles
Article 134. Gambling with subordinate · MCM ¶ 102
2024 Manual for Courts-Martial, United States
See all changes(a) Text of statute. See paragraph 91.
(b) Elements.
(1) That the accused gambled with a certain Servicemember;
(2) That the accused was then a noncommissioned or petty officer;
(3) That the Servicemember was not then a noncommissioned or petty officer and was subordinate to the accused;
(4) That the accused knew that the Servicemember was not then a noncommissioned or petty officer and was subordinate to the accused; and
(5) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
(c) Explanation. 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. See also paragraph 90.
(d) Maximum punishment. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.
(e) Sample specification. In that __________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, gamble with __________, then knowing that the said __________ was not a noncommissioned or petty officer and was subordinate to the said ______, and that said conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces).
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3a-102-1 · GAMBLING WITH SUBORDINATE
NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment
2/3 x 3 months, 3 months, E-1. (Category 1)
Sample specification
In that __________ (personal jurisdiction data), did (at/on board—location), on or about __________, gamble with __________, then knowing that the said __________ was not a noncommissioned or petty officer and was subordinate to the said __________, and that said conduct was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces).
Elements
(1) That (state the time and place alleged), the accused gambled with (state name and rank or grade of the person alleged);
(2) That the accused was a (noncommissioned) (petty) officer at the time;
(3) That (state name and rank or grade of the person alleged) was not then a (noncommissioned) (petty) officer and was subordinate to the accused;
(4) That the accused knew that (state name and rank or grade of the person alleged) was not then a (noncommissioned) (petty) officer and was subordinate to (him) (her); and
(5) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces).
Definitions & other instructions
(“Conduct prejudicial to good order and discipline” is conduct which causes a reasonably direct and obvious injury to good order and discipline.)
(“Service discrediting conduct” is conduct which tends to harm the reputation of the service or lower it in public esteem.)
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge) is ordinarily applicable.
NOTE 3. Conduct pled as both prejudicial to good order and discipline and service discrediting. When the conduct is pled as both prejudicial to good order and discipline and service discrediting, the following instruction should be given:
The government has alleged that the conduct in question in (The) Specification (___) of (The) (Additional) Charge (___) was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. To convict the accused of the offense charged, you must be convinced beyond a reasonable doubt of all the elements, including that the accused’s conduct was to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. If you are convinced of all the elements except the element of the service discrediting nature of the conduct, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “of a nature to bring discredit upon the armed forces.” On the other hand, if you are convinced of all the elements except the element of prejudice to good order and discipline in the armed forces, you may still convict the accused of the offense charged. In this event, you must make appropriate findings by excepting the language “to the prejudice of good order and discipline in the armed forces.” Of course, if you are convinced beyond a reasonable doubt that the conduct in question was both to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces, then you may convict the accused as charged provided you are convinced beyond a reasonable doubt as to the other elements of (The) Specification (___) of (The) (Additional) Charge (___).
Source: Instruction 3a-102-1 · view original on jagcnet.army.mil