UCMJ – United States Code of Military Justice

892. ARTICLE 92. FAILURE TO OBEY ORDER OR REGULATION

by on Jul.21, 2010, under 10. Punitive Articles

Any person subject to this chapter who–

(1) violates or fails to obey any lawful general order or regulation;

(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or

(3) is derelict in the performance of his duties;

shall be punished as a court-martial may dire

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920. ARTICLE 120. RAPE AND CARNAL KNOWLEDGE

by on Jul.21, 2010, under 10. Punitive Articles

(a) Any person subject to this chapter who commits an act of sexual intercourse with a female not his wife, by force and without consent, is guilty of rape and shall be punished by death or such other punishment as a court-martial may direct.

(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a female not his wife who has not attained the age of sixteen years, is guilty of carnal knowledge and shall be punished as a court-martial may direct.

(c) Penetration, however slight, is sufficient to complete either of these offenses.

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921. ARTICLE 121. LARCENY AND WRONGFUL APPROPRIATION

by on Jul.21, 2010, under 10. Punitive Articles

(a) Any person subject to this chapter who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind–

(1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his won use or the use of any person other than the owner, steals that property and is guilty of larceny; or

(2) with intent to temporarily to deprive or defraud another person of the use and benefit of property or to appropriate to his own use the use of any person other than the owner, is guilty of wrongful appropriation.

(b) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.

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922. ARTICLE 122. ROBBERY

by on Jul.21, 2010, under 10. Punitive Articles

Any person subject to this chapter who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.

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923. ARTICLE 123. FORGERY

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Any person subject to this chapter who, with intent to defraud- –

(1) falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or

(2) utters, offers, issues, or transfers such a writing, known by him to be so made or altered;

is guilty of forgery and shall be punished as a court-martial may direct.

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923a. ARTICLE 123a. MAKING, DRAWING, OR UTTERING CHECK, DRAFT, OR ORDER WITHOUT SUFFICIENT FUNDS

by on Jul.21, 2010, under 10. Punitive Articles

Any person subject to this chapter who–

(1) for the procurement of any article or thing of value, with intent to defraud; or

(2) for the payment of any past due obligation, or for any other purpose, with intent to deceive; makes, draws, utters, or delivers any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft, or order in full presentment, shall be punished as a court-martial may direct. The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee’s possession or control, is prima facie evidence of his intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice , orally or in writing, that the check, draft, or order was not paid on presentment. in this section the word “credit” means an arrangement or understanding , express or implied, with the bank or other depository for the payment of that check, draft, or order.

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924. ARTICLE 124. MAIMING

by on Jul.21, 2010, under 10. Punitive Articles

Any person subject to this chapter who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which–

(1) seriously disfigures his person by a mutilation thereof;

(2) destroys or disables any member or organ of his body; or

(3) seriously diminishes his physical vigor by the injury of any member or organ;

is guilty of maiming and shall be punished as a court-martial may direct.

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925. ARTICLE 125. SODOMY

by on Jul.21, 2010, under 10. Punitive Articles

(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration , however slight, is sufficient to complete the offense.

(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.

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926. ARTICLE 126. ARSON

by on Jul.21, 2010, under 10. Punitive Articles

(a) Any person subject to this chapter who willfully and maliciously burns or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein to the knowledge of the offender there is at the time a human being, is guilty of aggravated arson and shall be punished as a court-martial may direct.

(b) Any person subject to this chapter who willfully and maliciously burns or sets fire to the property of another, except as provided in subsection (a), is guilty of simple arson and shall be punished as a court-martial may direct.

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927. ARTICLE 127. EXTORTION

by on Jul.21, 2010, under 10. Punitive Articles

Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

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928. ARTICLE 128. ASSAULT

by on Jul.21, 2010, under 10. Punitive Articles

(a) Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

(b) Any person subject to this chapter who–

(1) commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or

(2) commits an assault and intentionally inflicts grievous bodily harm with or without a weapon;

is guilty of aggravated assault and shall be punished as a court-martial may direct.

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929. ARTICLE 129. BURGLARY

by on Jul.21, 2010, under 10. Punitive Articles

Any person subject to this chapter who, with intent to commit an offense punishable under section 918-929 of this title (article 118-128), breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.

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843. ARTICLE 43. Statute of limitations

by on Jul.22, 2010, under 07. Trial Procedure

(a) A person charged with absence without leave or missing movement in time of war, with murder, rape, or rape of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation.
(b)
(1) Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(2)
(A) A person charged with having committed a child abuse offense against a child is liable to be tried by court-martial if the sworn charges and specifications are received during the life of the child or within five years after the date on which the offense was committed, whichever provides a longer period, by an officer exercising summary court-martial jurisdiction with respect to that person.
(B) In subparagraph (A), the term “child abuse offense” means an act that involves abuse of a person who has not attained the age of 16 years and constitutes any of the following offenses:
(i) Any offense in violation of section 920 of this title (article 120).
(ii) Maiming in violation of section 924 of this title (article 124).
(iii) Sodomy in violation of section 925 of this title (article 125).
(iv) Aggravated assault or assault consummated by a battery in violation of section 928 of this title (article 128).
(v) Kidnaping; [1] indecent assault; [1] assault with intent to commit murder, voluntary manslaughter, rape, or sodomy, or indecent acts or liberties with a child in violation of section 934 of this title (article 134).
(C) In subparagraph (A), the term “child abuse offense” includes an act that involves abuse of a person who has not attained the age of 18 years and would constitute an offense under chapter 110 or 117 of title 18 or under section 1591 of that title.
(3) A person charged with an offense is not liable to be punished under section 815 of this title (article 15) if the offense was committed more than two years before the imposition of punishment.
(c) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section (article).
(d) Periods in which the accused was absent from territory in which the United States has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this article.
(e) For an offense the trial of which in time of war is certified to the President by the Secretary concerned to be detrimental to the prosecution of the war or inimical to the national security, the period of limitation prescribed in this article is extended to six months after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress.
(f) When the United States is at war, the running of any statute of limitations applicable to any offense under this chapter—
(1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not;
(2) committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States; or
(3) committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency;
is suspended until three years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress.
(g)
(1) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations—
(A) has expired; or
(B) will expire within 180 days after the date of dismissal of the charges and specifications,
trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in paragraph (2) are met.
(2) The conditions referred to in paragraph (1) are that the new charges and specifications must—
(A) be received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and
(B) allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications).

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Structure

by on Jul.22, 2010, under

The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States Code.

Subchapter Title Section Article
I General Provisions § 801 1
II Apprehension and Restraint § 807 7
III Non-Judicial Punishment § 815 15
IV Court-Martial Jurisdiction § 816 16
V Composition of Courts-Martial § 822 22
VI Pre-Trial Procedure § 830 30
VII Trial Procedure § 836 36
VIII Sentences § 855 55
IX Post-Trial Procedure and Review of Courts-Martial § 859 59
X Punitive Articles § 877 77
XI Miscellaneous Provisions § 935 135
XII Court of Appeals for the Armed Forces § 941 141

General Provisions

Subchapter I, "General Provisions" has six sections (articles):

Section Article Title
§ 801 1 Definitions
§ 802 2 Persons subject to this chapter
§ 803 3 Jurisdiction to try certain personnel
§ 804 4 Dismissed officer’s right to trial by court-martial
§ 805 5 Territorial applicability of this chapter
§ 806 6 Judge advocates and legal officers
§ 806a 6a Investigation and disposition of matters pertaining to the fitness of military judges

Article 1, "Definitions", defines terms used in the rest of the UCMJ: "Judge Advocate General", "the Navy, the Marine Corps and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force", "officer in charge", "superior commissioned officer", "cadet", "midshipman", "military", "accuser", "military judge", "law specialist", "legal officer", "judge advocate", "record", "classified information" and "national security".10 U.S.C. § 801 (Article 1. Definitions)

Pre-Trial Procedure

Section Article Title
§ 830. 30 Charges and specifications
§ 831 31 Compulsory self-incrimination prohibited
§ 832 32 Investigation
§ 833 33 Forwarding of charges
§ 834 34 Advice of staff judge advocate and reference for trial
§ 835 35 Service of charges

Under Article 31, coercive self-incrimination is prohibited as a right under the Fifth Amendment. Arresting officers utilize the Article 31 warning and waiver as a means to prevent this self-incrimination, much like the Miranda warning. Article 31 was already well-established before Miranda.

Article 32 refers to the pre-trial investigation and hearing conducted before charges are referred to trial for court-martial. It may be conducted by a Judge Advocate General officer or non JAG officer.

Punitive Articles

Subchapter X, "Punitive Articles," is the subchapter that details offenses under the uniform code:

Section Article Title
§ 877 77 Principals
§ 878 78 Accessory after the fact
§ 879 79 Conviction of lesser included offense.
§ 880 80 Attempts
§ 881 81 Conspiracy
§ 882 82 Solicitation
§ 883 83 Fraudulent enlistment, appointment, or separation
§ 884 84 Unlawful enlistment, appointment, or separation
§ 885 85 Desertion
§ 886 86 Absence without leave
§ 887 87 Missing movement
§ 888 88 Contempt toward officials
§ 889 89 Disrespect toward superior commissioned officer
§ 890 90 Assaulting or willfully disobeying superior commissioned officer
§ 891 91 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
§ 892 92 Failure to obey order or regulation
§ 893 93 Cruelty and maltreatment
§ 894 94 Mutiny or sedition
§ 895 95 Resistance, flight, breach of arrest, and escape
§ 896 96 Releasing prisoner without proper authority
§ 897 97 Unlawful detention
§ 898 98 Noncompliance with procedural rules
§ 899 99 Misbehavior before the enemy
§ 900 100 Subordinate compelling surrender
§ 901 101 Improper use of countersign
§ 902 102 Forcing a safeguard
§ 903 103 Captured or abandoned property
§ 904 104 Aiding the enemy
§ 905 105 Misconduct as prisoner
§ 906 106 Spies
§ 906a 106a Espionage
§ 907 107 False official statements
§ 908 108 Military property of United States—Loss, damage, destruction, or wrongful disposition
§ 909 109 Property other than military property of United States—waste, spoilage, or destruction
§ 910 110 Improper hazarding of vessel
§ 911 111 Drunken or reckless operation of a vehicle, aircraft, or vessel
§ 912 112 Drunk on duty
§ 912a 112a Wrongful use, possession, etc., of controlled substances
§ 913 113 Misbehavior of sentinel
§ 914 114 Dueling
§ 915 115 Malingering
§ 916 116 Riot or breach of peace
§ 917 117 Provoking speeches or gestures
§ 918 118 Murder
§ 919 119 Manslaughter
§ 919 119a Death or injury of an unborn child
§ 920 120 Rape and carnal knowledge
§ 920a 120a Stalking
§ 921 121 Larceny and wrongful appropriation
§ 922 122 Robbery
§ 923 123 Forgery
§ 923a 123a Making, drawing, or uttering check, draft, or order without sufficient funds
§ 924 124 Maiming
§ 925 125 Sodomy
§ 926 126 Arson
§ 927 127 Extortion
§ 928 128 Assault
§ 929 129 Burglary
§ 930 130 Housebreaking
§ 931 131 Perjury
§ 932 132 Frauds against the United States
§ 933 133 Conduct unbecoming an officer and a gentleman
§ 934 134 General article

Note that Article 134 encompasses offenses that are not specifically listed in the Manual for Courts-Martial: all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty. Article 134 is often considered to be a "catch-all" for various offenses that aren’t necessarily covered by the other articles in the UCMJ. Article 134 offenses include disloyal statements, abusing public animal, adultery, bigamy, bribery and graft, drinking liquor with prisoner, fleeing scene of accident, fraternization, gambling with subordinate, et al. It reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc.

 

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