What is an Article 134?

Article 134 is a repository of more than 54 unique criminal offenses that are not specifically covered in any other article of the Uniform Code of Military Justice (UCMJ). Article 134 also allows prosecutors to assimilate federal crimes into the UCMJ.

What ar covers adultery?

Article 134 of the Uniform Code of Military Justice makes criminal the act of adultery when certain legal criteria, known as “elements,” have all been met.

What is the catch all article UCMJ?

Since 1951, Article 134 of the Uniform Code of Military Justice (UCMJ) has been the general article for all branches of the military. Article 134 is a “catch-all” for many offenses that are not covered by other specific articles of the UCMJ.

What is the punishment for adultery in the Marine Corps?

Punishment For Adultery Under The UCMJ The maximum punishment for adultery, defined in the Uniform Code of Military Justice as Extramarital Sexual Conduct is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to a year.

Is Article 125 still in effect?

There’s one U.S. government institution that still criminalizes consensual gay sex: the military. Article 125 of the Uniform Code of Military Justice however, is technically still in effect.

Can a military spouse be charged with adultery?

In other words, it’s not a crime in most states to date someone else if you’re separated from your spouse. But, if a military spouse dates someone other than their spouse before being legally divorced, they risk being charged with the crime of adultery.

What do you call a man cheating on his wife?

A man who cheats on his wife is an “adulterer”. A woman who cheats on her husband is an “adulteress”. An adulterer commits adultery with his “mistress”, or “lover”, or “paramour” or “girlfriend”.

Can you sue a person for breaking up your marriage?

No one wins in an adulterous relationship—least of all is the jilted spouse—but luckily, there is legal recourse for some situations: You can sue someone for breaking up a marriage. You may file a suit charging the other man or the other woman with intentionally interfering in your marital relationship.

What happens if you are convicted of Article 134?

Service members convicted of violations of Article 134 for Firearm, Discharging Through Negligence face a maximum possible punishment of confinement for three months and forfeiture of two-thirds pay per month for 3 months. How do you defend against Article 134 Firearm, Discharging Through Negligence charges?

What is the general Article 134 of the UCMJ?

Fraternization Fraternization in the military is addressed under Article 134 of the UCMJ, also known as the “General Article,” which is a list of prohibited conduct that is of a nature to bring discredit upon the armed forces or is prejudicial to good order and discipline.

What are clauses 1 and 2 of Article 134?

Clauses 1 and 2 of Article 134 are typically charged in conjunction with other military crimes. Military prosecutors view Article 134 as an easy means of obtaining a conviction in case they are unable to convict on the primary charge.

What is the maximum punishment for fraternization under the UCMJ?

The maximum punishment according to Article 134 (Fraternization) is a Dismissal, forfeiture of all pay and allowances, and confinement for two years. The crime of fraternization under the UCMJ consists of five elements.