Summary of changes
Article 131b — Obstructing justice
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
8 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
83.a.
unchanged
Original text
Text of statute.
Any person subject to this chapter who engages in conduct in the case of a certain person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending, with intent to influence, impede, or otherwise obstruct the due administration of justice shall be punished as a court-martial may direct.
Current text
Text of statute.
Any person subject to this chapter who engages in conduct in the case of a certain person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending, with intent to influence, impede, or otherwise obstruct the due administration of justice shall be punished as a court-martial may direct.
83.b.
unchanged
Original text
Elements.
Current text
Elements.
83.b.(1)
unchanged
Original text
That the accused wrongfully did a certain act;
Current text
That the accused wrongfully did a certain act;
83.b.(2)
unchanged
Original text
That the accused did so in the case of a certain person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending; and
Current text
That the accused did so in the case of a certain person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending; and
83.b.(3)
unchanged
Original text
That the act was done with the intent to influence, impede, or otherwise obstruct the due administration of justice.
Current text
That the act was done with the intent to influence, impede, or otherwise obstruct the due administration of justice.
83.c.
unchanged
Original text
Explanation.
This offense may be based on conduct that occurred before preferral of charges. Actual obstruction of justice is not an element of this offense. Criminal proceedings include general courts-martial, special courts-martial, and all other criminal proceedings. For purposes of this paragraph, disciplinary proceedings include summary courts-martial as well as nonjudicial punishment proceedings under Part V of this Manual. Examples of obstruction of justice include wrongfully influencing, intimidating, impeding, or injuring a witness, a person acting on charges under this chapter, a preliminary hearing officer, or a party; and by means of bribery, intimidation, misrepresentation, or force or threat of force delaying or preventing communication of information relating to a violation of any criminal statute of the United States to a person authorized by a department, agency, or armed force of the United States to conduct or engage in investigations or prosecutions of such offenses; or endeavoring to do so. See also paragraph 87 and Article 37.
Current text
Explanation.
This offense may be based on conduct that occurred before preferral of charges. Actual obstruction of justice is not an element of this offense. Criminal proceedings include general courts-martial, special courts-martial, and all other criminal proceedings. For purposes of this paragraph, disciplinary proceedings include summary courts-martial as well as nonjudicial punishment proceedings under Part V of this Manual. Examples of obstruction of justice include wrongfully influencing, intimidating, impeding, or injuring a witness, a person acting on charges under this chapter, a preliminary hearing officer, or a party; and by means of bribery, intimidation, misrepresentation, or force or threat of force delaying or preventing communication of information relating to a violation of any criminal statute of the United States to a person authorized by a department, agency, or armed force of the United States to conduct or engage in investigations or prosecutions of such offenses; or endeavoring to do so. See also paragraph 87 and Article 37.
83.d.
unchanged
Original text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
Current text
Maximum punishment.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
83.e.
unchanged
Original text
Sample specification.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully do a certain act, to wit: _______________, with intent to (influence) (impede) (obstruct) the due administration of justice in the case of _____________, against whom the accused had reason to believe that there were or would be (criminal) (disciplinary) proceedings pending.
Current text
Sample specification.
In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully do a certain act, to wit: _______________, with intent to (influence) (impede) (obstruct) the due administration of justice in the case of _____________, against whom the accused had reason to believe that there were or would be (criminal) (disciplinary) proceedings pending.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.