At Bilecki Law Group,We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
What Is Article 119b (Child Endangerment) of the UCMJ?
Every article of the U.C.M.J. requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. For prosecutors to prove a service member endangered a child while in the service of the armed forces, the following elements must be agreed upon by a jury or judge:
- That the accused had a duty for the care of a certain child;
- That the child was under the age of 16 years;
- That the accused endangered the child’s mental or physical health, safety, or welfare through design or culpable negligence.
Summary of the Elements of Article 119b (Child Endangerment): The government must prove that the accused had a duty to care for a child under sixteen and endangered that child’s mental or physical health, safety or welfare through design or culpable negligence. Culpable negligence is more than ordinary carelessness. It includes an act or omission that a reasonable person would realize might foreseeably expose the child to harm; the government need not prove a subjective desire for the child to be injured.
The military has accused you of recklessly endangering the life of a child. The news has shocked you and left you unsure of how to proceed. Do you immediately take the first plea deal that comes your way? Or do you seek the help of a more experienced attorney to secure the best outcome possible in your looming court-martial trial? Before you make your decision, you must understand what you’re up against and what you stand to lose. The military’s prosecutors will come at you with everything they have. They will use their weight and their resources to ensure your conviction. And should you face the real nightmare (a conviction and a maximum sentence) you could be looking at:
- A dishonorable discharge from the military along with the full loss of your salary, pay, and bonuses.
- Your discharge and conviction can put military benefits and retirement at risk. The consequences depend on the sentence, your service record, and the rules governing each benefit.
- A prison sentence that could last up to 8 years depending on the injuries to the child and the nature of the offense.
You have fought honorably for your country. Now let us fight for you. Defend yourself against child endangerment allegations by contacting Bilecki Law Group TODAY.
Sentencing Guidelines
The confinement ranges below are sentencing parameters, not the maximum punishment for every offense in the category. They apply in noncapital general and special courts-martial when all offenses of conviction were committed on or after 28 December 2023. The lawful maximum for the particular offense and the limits of the court-martial still control. A military judge may depart from a parameter when specific facts justify doing so, and the record must contain a written statement explaining the factual basis. For child endangerment by design resulting in grievous bodily harm, the eight-year maximum caps confinement at 96 months even though Category 3 extends to 120 months.
| Offense | Maximum confinement | Category or criteria | Confinement range in months |
|---|---|---|---|
| Child endangerment by design resulting in grievous bodily harm | 8 years | Category 3 | 30–96 |
| Child endangerment by design resulting in harm | 5 years | Category 2 | 1–36 |
| Other child endangerment by design | 4 years | Category 2 | 1–36 |
| Child endangerment by culpable negligence resulting in grievous bodily harm | 3 years | Category 2 | 1–36 |
| Child endangerment by culpable negligence resulting in harm | 2 years | Category 2 | 1–24 |
| Other child endangerment by culpable negligence | 1 year | Category 1 | 0–12 |
Reduction to E-1 applies to enlisted personnel. Dismissal, rather than a dishonorable or bad-conduct discharge, is the authorized punitive separation for commissioned officers, including commissioned warrant officers, and cadets and midshipmen. The authorized punishment also depends on the offense date and court-martial forum.
Facing an Allegation?
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Military Defense Attorney for Article 119b of the UCMJ: Fighting Back Against Child Endangerment Charges
Child endangerment is a serious offense which could have disastrous consequences for both your military career and civilian life. The worst case scenario is not something that most service members think about. This is not the time to put your head in the sand. Now is the time to fight back. Bilecki Law Group has been helping active duty and reserve service members of the U.S. Military fight back against charges of child endangerment and other Article 119b offenses since inception. Our tenacious advocacy, combined with Tim and Ben’s work together and our worldwide representation, has made us one of the most capable military law firms operating in the world today. Let’s take a look at all of these benefits in more detail:
- Experienced military defense litigators: Tim Bilecki and Ben Gold bring an intimate knowledge of the military’s justice system to your defense. Their work includes drug crimes, financial fraud, homicide and sexual assault. They build the case together, testing the government’s strongest arguments and challenging each other’s assumptions.
- A knowledgeable defense team: We believe in a total team concept and surround ourselves with winners. Tim and Ben can choose independent investigators and experts for the work your case requires. We assemble that firepower around the defense, then put it to work against the government’s case.
- We get the defense moving: Bilecki Law Group is based in Tampa, Florida, and represents service members worldwide. Should your situation require urgent attention, tell us about the allegation and the deadlines you face. Tim and Ben start the defense remotely and both travel for trials and boards.
A conviction of child endangerment is unthinkable. Rather than allow the prosecution to dictate the terms of your surrender, start fighting back with Bilecki Law Group TODAY.
Experienced Military Defense Lawyers for Article 119b Charges
The person sitting beside you on the day your trial begins will be the single most important factor in determining whether you secure a positive outcome in court, or face the worst case scenario. Make the right choice. Hire a defense attorney with a reputation for delivering outstanding results for his clients. Bilecki Law Group knows how to help service members fight back against child endangerment charges – and win. Review our case results to learn more about how we operate, and how we secure positive results for our clients time and time again.
You have fought honorably for your country. Now let us fight for you. Defend yourself against child endangerment allegations by contacting Bilecki Law Group TODAY.
Frequently Asked Questions About Article 119b
What Is the Maximum Possible Punishment for Article 119b (Child Endangerment)?
Child endangerment has a wide range of maximum sentencing. Circumstances such as the severity of the offense and the injuries to the child will determine the maximum punishment for the crime. The most serious offense is endangerment by design resulting in grievous bodily harm, in which case a service member could face:
- A dishonorable discharge
- Forfeiture of all pay and allowances
- Confinement for up to 8 years
What Is the Difference Between Simple Negligence and Culpable Negligence?
The Manual for Court Martial defines culpable negligence as “a degree of careless greater than simple negligence…a negligent act or omission accompanied by a culpable disregard for the foreseeable consequences to others of that act of omission.” In other words, leaving a 5-year-old in a park alone while you have a drink at a bar nearby could be considered culpable negligence. The child’s age matters, but it does not settle the question by itself. The child’s maturity, the setting, available assistance, the length of time and the care arrangements determine whether leaving the child alone was culpably negligent, merely careless or not negligent at all.
Does Bilecki Law Group Travel to Military Installations Around the World?
Yes. While our office is based in Tampa, Florida, we represent service members stationed in the Pacific and throughout the world. If you are either accused of a crime or believe you may be a suspect in a crime, contact our law firm TODAY to schedule a confidential consultation.