Subchapter X · Punitive Articles
Article 134. General article
2024 Manual for Courts-Martial, United States
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This is a punitive article. Its elements, explanation, maximum punishment,
and sample specifications are in the Manual's Part IV.
Read Article 134 in the Punitive Articles →
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Provisions elsewhere in the Manual whose text cites Article 134. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 307(c)(2) — Preferral of charges
…Preemption . An offense specifically defined by Articles 81 through 132 may not be alleged as a violation of Article 134 . See paragraph 91.c.(5)(a) of Part IV. But see R.C.M. 307(d). (D) Charges under the law of war . In the…
R.C.M. 307(c)(3) — Preferral of charges
…every element of the charged offense expressly or by necessary implication; however, specifications under Article 134 must expressly allege the terminal element. Except for aggravating factors under R.C.M. 1003(d) and R.C.M.…
Discussion under R.C.M. 307(c)(3) — Preferral of charges
…knowledge, or state of mind is an element of the offense, it must be alleged. To state an offense under Article 134, practitioners must expressly allege the terminal element. All offenses under Article 134 require proof of a…
Discussion under R.C.M. 809(a) — Contempt proceedings
…person subject to the UCMJ who commits contempt may be tried by court-martial or otherwise disciplined under Article 134 for such misconduct in addition to or instead of punishment for contempt. See paragraph 85, Part IV; see…
Military Rules of Evidence
Mil. R. Evid. 504(c)(2)(C) — Marital privilege
In proceedings in which a spouse is charged, in accordance with Article 133 or 134, with importing the other spouse as an alien for prostitution or other immoral purpose in violation of 8…
UCMJ Punitive Articles
Article 81, ¶ 5.c.(9) — Conspiracy
Special conspiracies under Article 134. The United States Code prohibits conspiracies to commit certain specific offenses which do not require an…
Article 85, ¶ 9.c.(4) — Desertion
…warrant, such a prisoner could be charged with escape from confinement under Article 87a or an offense under Article 134.
Article 91, ¶ 17.c.(3) — Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
…civilian subject to military law, upon a warrant, noncommissioned, or petty officer should be charged under Article 128 or 134.
Article 129, ¶ 79.c.(6) — Burglary; unlawful entry
…purposes. However, depending on the circumstances, an intrusion into such property may be punishable under Article 134, UCMJ as conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed…
Uniform Code of Military Justice
Art. 1(17)(A) — Definitions
…130), section 932 (article 132), the standalone offense of child pornography punishable under section 934 (article 134), or the standalone offense of sexual harassment punishable under section 934 (article 134) of this title in…
Art. 24a(d)(1)(A) — Special trial counsel
…section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023.
Art. 24a(d)(1)(C) — Special trial counsel
…an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019.
Art. 24a(d)(2)(A) — Special trial counsel
The standalone offense of sexual harassment punishable under section 934 of this title (article 134) in each instance in which—
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).