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
