UCMJ Article 134: Adultery
Adultery may seem like an outdated offense which should have been dropped from the UCMJ decades ago. But that has not stopped the military from prosecuting alleged adulterers throughout the years. Even today, if a service member is caught unprepared, the results can be catastrophic to his or her career.
Never assume that an adultery charge will disappear on its own, or that it can be won outright by the first military attorney the government provides you. Adultery is still a serious offense, one which has destroyed military careers and caused decent service members to be separated from the service.
- A conviction of adultery is grounds for discharge from the military.
- Years or even decades of benefits will disappear overnight. Your healthcare will be taken from you and from your family.
- You may face a prison sentence that could last a year. That is a full year of your life without income, without family and without friends.
Do not let the charges fool you. An adultery conviction could end your military career forever, or worse. Do not take the risk. Contact Bilecki & Tipon TODAY to start fighting back.
What Is Adultery under Article 134 of the UCMJ?
Every article of the UCMJ requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions—known as elements—to convict you of a crime. To be convicted of Adultery under Article 134, prosecutors must prove a service member committed the following three elements:
- (1) That the accused wrongfully had sexual intercourse with a certain person;
- (2) That, at the time, the accused or the other person was married to someone else; and
- (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.
Summary of the Elements of Article 134 (Adultery): To be convicted of adultery in the U.S. Military, prosecutors must prove that the accused service member knowingly committed adultery, and that the adultery was prejudicial to good order and discipline or had a negative impact on the standing of the unit or the military as a whole. Only one party (the accused) need be in the military.
Military Defense Attorney for Article 134 (Adultery) of the UCMJ: Winning Your Case
Accusations of adultery are not uncommon in the military, but they are not easy victories for prosecutors. Not only must prosecutors prove that you committed the adultery, they have the additional burden of proving the adultery was prejudicial to good order and discipline or discredited the military in some fashion.
One only need look at the case of General Petraeus for evidence of these difficulties. Despite overwhelming evidence that the adultery occurred and harm was done to the overall standing of the military (due to the high profile nature of the case), General Petraeus avoided an adultery charge completely.
Unfortunately, not every service member is so lucky. General Petraeus may have been protected by his status as a retired 4-star general. For others accused of the same crime, it takes an experienced and tenacious attorney to ensure the worst case scenario does not come to pass.
Which is why so many current and former U.S. service members choose Bilecki & Tipon to represent their interests in court.
- Tenacious advocacy from day one: You deserve better than the first raw deal to be thrown your way by the military’s prosecutors. Our attorneys will fight to advocate your side of the story relentlessly from day one, and will not relent until we’ve secured the best possible outcome in your case. Period.
- Experienced in-house team: Even the best military defense attorneys require the support of an experienced team if they hope to provide positive results consistently for their clients. The Bilecki & Tipon LLLC legal team is one of the best in the business and will work around the clock to defend your interests in court.
- Rapid response to your location: Bilecki & Tipon is strategically located in Hawaii, the epicenter of the U.S. Military’s operations in the Pacific. Even if you are currently stationed outside of the Pacific, we can be at your side within hours if the situation calls for it.
A conviction of adultery could end your military career forever. One call to Bilecki & Tipon could save it. Contact our law firm TODAY for a confidential consultation.
Experienced Military Defense Lawyers for Article 134 Charges
Have you been accused of adultery by the U.S. Government? Your military career, your freedom, and your future are all on the line. And it’s too precious to risk it all on an inexperienced attorney.
Bilecki & Tipon has been helping service members fight back against adultery charges since inception. Review our case history to learn why our clients trust us to get the job done.
Bilecki & Tipon will help you fight back against charges under Article 134: Adultery
FAQ's About Adultery Under UCMJ Article 134
What Is the Maximum Possible Punishment for Article 134 (Adultery)?
Adultery is a serious offense in the military which is punishable up to a maximum of:
- A punitive discharge
- Forfeiture of all pay and allowances
- Confinement for up to 1 year
Why Does the Military Care about Adultery? Is the Article Outdated?
We get this question a lot. And while it may seem that the military has no cause for punishing service members based on what they do in the bedroom, the reality is very different—at least according to the military’s justice system.
The military believes that keeping order and maintaining a professional, disciplined appearance is essential to its success. That appearance must be maintained at all costs. If a service member commits adultery and rumors of that adultery spread, it causes other service members and the American populace to lose trust in the professionalism of the military’s institutions. That, in turn, limits the effectiveness of the military’s leaders to lead the army into the future.
Essentially, it isn’t the act of adultery itself that the military detests. It’s how that adultery could affect the trust of the institution that is a problem.
Does Bilecki & Tipon Travel to Military Installations Around the World?
Yes. Bilecki & Tipon is based out of Hawaii but has clients across the Pacific, Asia, Europe and the Americas.
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.