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Punitive Articles of the UCMJ

Article 134 — (Cohabitation, wrongful)

By

Text.

See Paragraph 60.

Elements.

(1) That, during a certain period of time, the accused and another person openly and publicly lived together as husband and wife, holding themselves out as such;

(2) That the other person was not the spouse of the accused;

(3) 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.

This offense differs from adultery (see paragraph 62) in that it is not necessary to prove that one of the partners was married or that sexual intercourse took place. Public knowledge of the wrongfulness of the relationship is not required, but the partners must behave in a manner, as exhibited by conduct or language, that leads others to believe that a martial relationship exists.

Lesser included offense.

Article 80—attempts

Maximum punishment.

Confinement for 4 months and forfeiture of two-thirds pay per month for 4 months.

Next Article> Article 134-(Correctional custody- offenses against)>

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 69

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