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Punitive Articles of the UCMJ

Article 138-34 Pandering and Prostitution

By

Text

See Paragraph 60.

Elements

(1) Prostitution.

    (a) That the accused had sexual intercourse with another person not the accused’s spouse;

    (b) That the accused did so for the purpose of receiving money or other compensation;

    (c) That this act was wrongful; and

    (d) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Note: The following subsection (2) was added by President George Bush, via Executive Order # 12473, on October 14, 2005:

(2) Patronizing a Prostitute.

(a) That the accused had sexual intercourse with another person not the accused's spouse;

(b) That the accused compelled, induced, enticed, or procured such person to engage in an act of sexual intercourse in exchange for money or other compensation (Note: if the act was "compelled" on or after October 1, 2007 the offense will be charged under the new Article 120). and

(c) That this act was wrongful; and (d) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces."

(3) Pandering by compelling, inducing, enticing, or procuring act of prostitution. Note: Offenses under this paragraph committed on or after October 1, 2007 will be charged under the new Article 120.

    (a) That the accused compelled, induced, enticed, or procured a certain person to engage in an act of sexual intercourse for hire and reward with a person to be directed to said person by the accused;

    (b) That this compelling, inducing, enticing, or procuring was wrongful; and (c) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

(4) Pandering by arranging or receiving consideration for arranging for sexual intercourse or sodomy.

(a) That the accused arranged for, or received valuable consideration for arranging for, a certain person to engage in sexual intercourse or sodomy with another person;

(b) That the arranging (and receipt of consideration) was wrongful; and (c) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation

Prostitution may be committed by males or females. Sodomy for money or compensation is not included in subparagraph b(1). Sodomy may be charged under paragraph 51. Evidence that sodomy was for money or compensation may be a matter in aggravation. See R.C.M. 1001(b)(4).

Lesser included offenses

Article 80—attempts

Maximum punishment

(1) Prostitution and Patronizing a Prostitute. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(2) Pandering. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Next Article> Article 134 - (Parole, Violation of)>

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 97

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