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Is Adultery a crime in the military?

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Question: Is Adultery a crime in the military?
Answer: Whether or not the military will prosecute adultery as an offense under the UCMJ depends upon the exact circumstances. In short, the particular circumstances of the case must be shown to be "prejudicial to good order and discipline," or "of a nature to bring discredit upon the armed forces."

In addition to these "elements of proof," adultery is one of the hardest offenses to prove. The prosecution must prove sexual intercourse, which usually means they must have a confession or photos. The mere fact that two people are living together is not sufficient to prove sexual intercourse.

Interestingly, in the military, a single person can be charged with this offense. If a single person has an affair with a married person, under circumstances which are determined to be prejudicial to good order and discipline, or of a nature to bring discredit upon the armed forces, they can be charged with adultery.

For complete details, see our article about Adultery in the Military.

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