Summary of changes
Article 134 — Indecent language
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
12 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
105.a.
unchanged
Original text
Text of statute.
See paragraph 91.
Current text
Text of statute.
See paragraph 91.
105.b.
unchanged
Original text
Elements.
Current text
Elements.
105.b.(1)
unchanged
Original text
That the accused orally or in writing communicated to another person certain language;
Current text
That the accused orally or in writing communicated to another person certain language;
105.b.(2)
unchanged
Original text
That such language was indecent; and
Current text
That such language was indecent; and
105.b.(3)
unchanged
Original text
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.
Current text
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.
105.b.(3)|N
unchanged
Original text
[Note: If applicable, add the following additional element:]
Current text
[Note: If applicable, add the following additional element:]
105.b.(4)
unchanged
Original text
That the person to whom the language was communicated was a child under the age of 16.
Current text
That the person to whom the language was communicated was a child under the age of 16.
105.c.
unchanged
Original text
Explanation.
Indecent language is that which is grossly offensive to modesty, decency, or propriety, or shocks the moral sense, because of its vulgar, filthy, or disgusting nature, or its tendency to incite lustful thought. Language is indecent if it tends reasonably to corrupt morals or incite libidinous thoughts. The language must violate community standards. See paragraph 62 if the communication was made in the physical presence of a child.
Current text
Explanation.
Indecent language is that which is grossly offensive to modesty, decency, or propriety, or shocks the moral sense, because of its vulgar, filthy, or disgusting nature, or its tendency to incite lustful thought. Language is indecent if it tends reasonably to corrupt morals or incite libidinous thoughts. The language must violate community standards. See paragraph 62 if the communication was made in the physical presence of a child.
105.d.
unchanged
Original text
Maximum punishment.
Current text
Maximum punishment.
105.d.(1)
unchanged
Original text
Communicated to any child under the age of 16 years.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
Current text
Communicated to any child under the age of 16 years.
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
105.d.(2)
unchanged
Original text
Other cases.
Bad-conduct discharge; forfeiture of all pay and allowances, and confinement for 6 months.
Current text
Other cases.
Bad-conduct discharge; forfeiture of all pay and allowances, and confinement for 6 months.
105.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 __, (orally) (in writing) communicate to __________, (a child under the age of 16 years), certain indecent language, to wit: __________, and that such 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 of a nature to bring discredit upon the armed forces).
Current text
Sample specification.
In that __________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, (orally) (in writing) communicate to __________, (a child under the age of 16 years), certain indecent language, to wit: __________, and that such 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 of a nature to bring discredit upon the armed forces).
“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.