Common Articles of the UCMJ

The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States, governing the conduct of service members. The first half of the UCMJ includes a series of articles that outline key offenses and procedures. Here, we explore these articles in detail. For further reading, check out Manual for Courts-Martial United States (2012 Edition) on Amazon.

Article 77: Principals

This article defines individuals who can be held liable for a crime under military law. It includes those who commit the offense, those who assist, or those who have a duty to prevent the offense.

Key Concept: Liability can be shared among individuals involved in the commission of an offense.

Article 78: Accessory After the Fact

Defines the term "accessory after the fact," which refers to someone who assists another knowing that they have committed a felony, with the intent to help them avoid arrest or conviction.

Article 79: Conviction of Lesser Included Offenses

This article allows for a conviction of a lesser included offense if the evidence supports it, even if the accused is charged with a greater offense.

Article 80: Attempts

Under this article, individuals can be charged with attempting to commit an offense, even if the crime was not completed. The focus is on the intent and actions taken toward committing the crime.

Example: If a service member tried to steal equipment but was caught before leaving the premises, they could be charged under Article 80.

Article 81: Conspiracy

Conspiracy involves an agreement between two or more persons to commit an offense under military law. The key elements include the agreement and an overt act in furtherance of the conspiracy.

Diagram:

Article 82: Solicitation

This article defines solicitation as encouraging, advising, or otherwise causing another person to commit an offense under the UCMJ. The focus is on the act of convincing someone to take action.

Article 83: Fraudulent Enlistment, Appointment, or Separation

Service members can be charged under this article for fraudulent enlistment, appointment, or separation from military service. This typically involves misrepresentations made during the enlistment process.

Article 84: Unlawful Enlistment

Charging someone under Article 84 involves instances where a service member enlists despite being ineligible due to prior convictions or other disqualifying factors.

Article 85: Desertion

Desertion is a serious offense that involves a service member leaving their post with the intent to abandon their duty. It can result in severe penalties, including court-martial.

Article 86: Absence Without Leave (AWOL)

AWOL refers to a service member being absent from their unit without proper authorization. Unlike desertion, AWOL may not involve the intent to abandon military service.

Article 87: Missing Movement

This article deals with a service member's failure to report for movement as ordered. It emphasizes the importance of timely reporting in military operations.

Article 88: Contempt Toward Officials

Service members can be charged with contempt toward officials, which includes speaking disrespectfully toward or challenging the authority of superiors.

Article 89: Disrespect Toward a Superior Commissioned Officer

This article addresses actions or statements that show disrespect toward a commissioned officer. Disrespect can take various forms, including verbal or physical actions.

Article 90: Assaulting or Willfully Disobeying a Superior Commissioned Officer

Assaulting or disobeying a superior officer is a serious infraction that can lead to significant disciplinary actions.

Article 91: Insubordinate Conduct

This article covers insubordination, which includes disobeying lawful orders from superiors or acting disrespectfully. Insubordination undermines military discipline.

Article 92: Failure to Obey Order or Regulation

Article 92 addresses the obligation of service members to follow lawful orders and regulations. A failure to do so can result in disciplinary action.

Article 93: Cruelty and Maltreatment

This article prohibits cruel or abusive treatment of subordinates. It underscores the military's commitment to maintaining a professional and respectful environment.

Article 94: Mutiny and Sedition

Mutiny involves acting against military authority, while sedition refers to actions aimed at undermining military or governmental authority. Both are serious offenses that threaten military discipline.

Article 95: Resistance, Breach of Arrest

Article 95 deals with resisting arrest or escaping from custody. Such actions indicate a disregard for military law and order.

Article 96: Flight from Justice

This article addresses the act of fleeing from legal proceedings or avoiding arrest due to pending charges.

Article 97: Unlawful Apprehension

Unlawful apprehension involves seizing a service member without lawful authority, which can include actions taken by individuals not authorized to make an arrest.

Article 98: Noncompliance with Procedural Rules

This article addresses the failure to comply with procedural regulations, ensuring that military justice is administered fairly and according to established protocols.

Article 99: Conduct Unbecoming an Officer and a Gentleman

Service members can be charged under this article for actions that discredit the military, including behavior that contradicts the standards expected of officers.

Article 100: Subordinate's Duty to Report

Under this article, service members have a duty to report any unlawful actions or orders, reinforcing accountability within the ranks.

Article 101: Misbehavior Before the Enemy

This article addresses misconduct during wartime, including actions that could endanger troops or undermine military operations.

Article 102: Spies

Spying involves gathering information for a hostile nation or organization. Under this article, such actions are treated as severe violations of military law.

Article 103: Article of War Violations

Violations of specific articles of war can lead to charges under this article, emphasizing the importance of adherence to military regulations.

Article 104: Aiding the Enemy

Providing assistance to enemy forces is a serious offense under military law, as it poses significant risks to national security.

Article 105: Forcing a Commanding Officer

This article deals with coercion or undue influence exerted on a commanding officer, undermining the chain of command.

Article 106: Disloyalty

Disloyal conduct, including actions that betray the trust and loyalty expected of service members, can result in disciplinary measures.

Article 107: False Official Statements

Making false statements regarding official matters can lead to charges under this article, which upholds the integrity of military communications.

Article 108: Military Property Offenses

This article covers offenses related to military property, including theft, destruction, or unauthorized disposition of military assets.

Article 109: Property of the United States

Service members can be charged under this article for the improper handling or destruction of property belonging to the United States.

Article 110: Improper Hazarding of a Vessel

This article addresses actions that endanger military vessels or personnel, underscoring the importance of safety in military operations.

Article 111: Drunken or Reckless Operation of a Vehicle

Service members operating vehicles under the influence of alcohol or drugs can be charged under this article, which emphasizes responsible conduct.

Article 112: Drunkenness and Drug Use

This article prohibits the use of alcohol and drugs that impair a service member's performance, maintaining readiness and discipline.

Article 113: Misbehavior of a Sentinel

Sentinels are required to maintain vigilance. Misbehavior in this role can result in severe consequences, as it compromises security.

Article 114: Mutiny and Sedition

Similar to Article 94, this article addresses more specific acts of mutiny or sedition, ensuring military order is preserved.

Article 115: Inciting a Riot

Inciting a riot within military ranks can lead to charges under this article, which aims to prevent disorder and maintain discipline.

Article 116: Disobedience of Non-Commissioned Officers

This article emphasizes the importance of following orders from non-commissioned officers, who play a crucial role in maintaining military order.

Article 117: Provoking Speeches or Gestures

Service members can be charged for using provoking speeches or gestures that could incite violence or disrupt military operations.

Article 118: Murder

Murder is a grave offense under military law, which includes unlawful killing of another service member or civilian.

Article 119: Manslaughter

This article addresses the unlawful killing of another without premeditation, with penalties that can vary based on circumstances.

Article 120: Rape and Sexual Assault

Serious offenses such as rape and sexual assault are explicitly prohibited and carry severe penalties under military law.

Article 121: Larceny and Wrongful Appropriation

Larceny involves the unlawful taking of property, while wrongful appropriation refers to using someone else's property without permission.

Article 122: Robbery

Robbery, involving taking property with intent to permanently deprive the owner, is a serious criminal offense under military law.

Article 123: Burglary

This article addresses unlawful entry into a building with the intent to commit a crime, highlighting the importance of property security.

Article 124: Arson

Arson, or intentionally setting fire to military property, is treated as a serious offense under military law.

Article 125: Assault

Assault encompasses various forms of physical attacks or threats, and is a serious violation of military conduct.

Article 126: Malicious Destruction of Property

Deliberately damaging military property can result in criminal charges under this article, which seeks to protect military assets.

Article 127: Insubordinate Speech or Conduct

This article reinforces the importance of maintaining respect and discipline within military ranks, addressing insubordinate speech or actions.

Article 128: Perjury

Providing false testimony during military proceedings can lead to charges of perjury, undermining the integrity of the judicial process.

Article 129: Conspiracy to Commit Offenses

This article extends the concept of conspiracy to include planning to commit offenses under military law, reinforcing accountability.

Article 130: Judicial Proceedings

This article outlines the procedures for conducting judicial proceedings within the military justice system, ensuring fairness and due process.

Article 131: Sentencing

Sentencing in military courts takes into account various factors, including the severity of the offense and the service member's history.

Article 132: Appellate Review

Service members have the right to seek appellate review of their convictions, ensuring that legal standards are upheld in military justice.

Article 133: Severability

This article addresses the severability of provisions within military law, ensuring that if one part is found invalid, the rest remains in effect.

Article 134: General Article

This catch-all article covers conduct that is prejudicial to good order and discipline, allowing for the prosecution of various offenses that may not be specifically enumerated.