Punitive Articles of the UCMJArticles 77134

Punitive Articles of the UCMJArticles 77134Punitive Articles of the UCMJ- Articles 77134The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. The UCMJ is a federal law, enacted by Congress. Articles 77 through 134 of the UCMJ are known as the punitive articles. these are specific offenses which, if violated, can result in punishment by court-martial. Many will also likely have civilian court cases as well if other local laws were broken too such as driving drunk to rape or murder. The UCMJ and theManual for Court Martial (MCM) The law requires the Commander-in-Chief (The President of the United States) to implement the provisions of the UCMJ. The President does this via an executive order known as the Manual for Court Martial (MCM). Chapter 4 of the MCM includes, and expands on the punitive articles. The articles are broken into the following sections The Text This is the exact text of the article, as Congress approved it in the UCMJ.Elements unterstellung a re the specifics of the offense. To support a finding of guilty, the government must prove each element of the offense, beyond a reasonable doubt.Explanation The explanation defines terms, and clarifies the elements, based on previous court decisions.Lesser Included Offense These are lesser offenses that a military court may still find an accused guilty of, even if the court finds the accused not guilty of the originally charged offense. For example, Manslaughter, under Article 119 is a lesser included offense of Murder, under Article 118. If a military court finds the accused not guilty of the crime of Murder, the court can still find the accused guilty of Manslaughter, without the government having to amend the charges. Maximum Permissible Punishments These are the *maximum* punishments that a general court-martial can award toward a particular offense. While not specifically stated, a general court-martial can also reduce a persons grade. Most generals court martialreduce the con victed persons grade to the lowest enlisted rank (E-1) when punishment includes time in prison or a punitive discharge. Who Is Subject to the UCMJ? Articles 2 and 3 of theUniform Code of Military Justice (UCMJ) outline who is subject to the code and all of its regulations, including the punitive articles (Articles 77134). Overview of the PunitiveArticles (Articles 77134) Each of the punitive articles of the UCMJ is listed below with a brief description of the offense the article covers. The list is long and fairly explanatory of the chargeable offenses of the UCMJ. Article 77 -Principals Association -Article 77 does not define an offense. Its purpose is to make clear that a person need not personally perform the acts necessary to constitute an offense to be guilty of it. Article 78 -Accessory after the fact Article 79-Conviction of lesser included offenses Article 80 -Attempts Article 81 -Conspiracy Article 82 -Solicitation Article 83 -Fraudulent enlistment, appointment, or se paration Article 84- Effecting unlawful enlistment, appointment, or separation Article 85 - Desertion Article 86 - Absence without leave (AWOL) Article 87 - Missing movement Article 88 - Contempt toward officials Article 89 - Disrespect toward a superior commissioned officer Article 90 - Assaulting or willfully disobeying superior commissioned officer Article 91 - Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer Article 92 -Failure to obey order or regulation Article 93 - Cruelty and maltreatment Article 94 -Mutiny and sedition Article 95 -Resistance, flight, breach of arrest, and escape Article 96-Releasing prisoner without proper authority Article 97 -Unlawful detention Article 98 -Noncompliance with procedural rules Article 99 -Misbehavior before the enemy Article 100-Subordinate compelling surrender Article 101-Improper use of countersign Article 102-Forcing a safeguard Article 103 -Captured or abandoned property Article 104 -Aiding the ene my Article 105-Misconduct as a prisoner Article 106/a-Spies / Espionage Article 107 - False official statements Article 108 -Military property of the United States- sale, loss, damage, destruction, or wrongful disposition Article 109 -Property other than military property of the United States- waste, spoilage, or destruction Article 110-Improper hazarding of vessel Article 111 -Drunken or reckless rechenschritt of vehicle, aircraft, or vessel Article 112 -Drunk on duty Article 112a -Wrongful use, possession, etc., of controlled substances Article 113 - Misbehavior of sentinel or lookout Article 114 -Dueling Article 115 -Malingering Article 116-Riot or breach of peace Article 117 -Provoking speeches or gestures Article 118 -Murder Article 119 -Manslaughter Article 120 -Rape and carnal knowledge Article 120 -Rape, sexual assault, and other sexual misconduct. Article 120a - Stalking Article 121 - Larceny and wrongful appropriation Article 122 -Robbery Article 123 -Forgery Article 123a - Making, drawing, or uttering check, draft, or order without sufficient funds Article 124- Maiming Article 125-Sodomy Article 126-Arson Article 127-Extortion Article 128-Assault Article 129-Burglary Article 130-Housebreaking Article 131-Perjury Article 132-Frauds against the United States Article 133-Conduct unbecoming an officer and gentleman Article 134-General article Article 134-1-Abusing public animal Article 134-2-Adultery Article 134-3-Assault- indecent Article 134-4-Assault- with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking Article 134-5-Bigamy Article 134-6 -Bribery and graft Article 134-7-Burning with intent to defraud Article 134-8 -Check, worthless, making and uttering- by dishonorably failing to maintain funds Article 134-9-Cohabitation, wrongful Article 134-10- Correctional custody- offenses against Article 134-11-Debt, dishonorably failing to pay Article 134-12-Disloyal statements Article 134-13-Disorderly conduct, drunkenness Article 134-14-Drinking liquor with prisoner Article 134-15-Drunk prisoner Article 134-16-Drunkenness- incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug Article 134-17-False or unauthorized pass offenses Article 134-18-False pretenses, obtaining services under Article 134-19-False swearing Article 134-20-Firearm, discharging- through negligence Article 134-21-Firearm, discharging- willfully, under such circumstances as to endanger human life Article 134-22-Fleeing scene of accident Article 134-23-Fraternization Article 134-24-Gambling with subordinate Article 134-25-Homicide, negligent Article 134-1- Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official Article 134-26- Indecent acts or liberties with a child Article 134-27-Indecent exposure Article 134-28- Indecent language Article 134-29-Indecent acts with another Article 134-30-Jumping from vessel into the w ater Article 134-31-Kidnapping Article 134-32-Mail taking, opening, secreting, destroying, or stealing Article 134-33-Mails depositing or causing to be deposited obscene matters in Article 134-34 -Misprision of serious offense Article 134-35-Obstructing justice Article 134-36 -Wrongful interference with an adverse administrative proceeding Article 134-37-Pandering and prostitution Article 134-38-Parole, Violation of Article 134-39-Perjury subornation of Article 134-40-Public record altering, concealing, removing, mutilating, obliterating, or destroying Article 134-41-Quarantine medical, breaking Article 134-42 -Reckless Endangerment Article 134-43-Requesting commission of an offense Article 134-44-Restriction, breaking Article 134-45 -Seizure destruction, removal, or disposal of property to prevent Article 134-46-Self-injury without intent to avoid service Article 134-47-Sentinel or lookout offenses against or by Article 134-48-Soliciting another to commit an offense Article 134-49- Stolen property knowingly receiving, buying, concealing Article 134-50-Straggling Article 134-51-Testify wrongful refusal Article 134-52-Threat or hoax bomb Article 134-53-Threat, communicating Article 134-54-Unlawful entry Article 134-55-Weapon concealed, carrying Article 134-56-Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button