Punitive Articles of the UCMJ

The 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," -- that is, specific offenses which, if violated, can result in punishment by court-martial.

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 MCM divides the punitive articles into six parts: The text, elements of the offense, an explanation, lesser included offenses, maximum permissible punishments, and sample specifications.

The Text: This is the exact text of the article, as Congress approved it in the UCMJ.

Elements: These are the specifics of the offense. In order to support a finding of "guilty," the government must prove each and every 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 person's grade. Most general court martials reduce the convicted person's grade to the lowest enlisted rank (E-1) when punishment includes time in prison and/or a punitive discharge.

Who is Subject to the UCMJ?- (From Article 2 and 3 of the UCMJ)

Article 77 -Principals

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 separation

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 enemy

Article 105 --Misconduct as a prisoner

Article 106 --Spies

Article 106a --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 operation 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 (for offenses committed before October 1, 2007)

Article 120 --Rape, sexual assault, and other sexual misconduct.(for offenses committed on or after October 1, 2007)

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