What Is Article 134 Of The UCMJ?
Article 134 of the UCMJ is often referred to as the general article and includes a list of prohibited activities which are believed to bring discredit upon the armed services or is to the prejudice to good order and discipline. This includes the charge of indecent conduct.
For a service member to be found guilty, the prosecution must satisfy the following three elements:
(1) That (state the time and place alleged), the accused engaged in certain conduct, to wit: (state the conduct alleged);
(2) That the conduct was indecent; and
(3) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces or of a nature to bring discredit upon the armed forces).
“Indecent” means that form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.
If found guilty, you could be looking at a maximum punishment of a dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and reduction in rank to E-1.
A conviction of indecent conduct could tarnish your reputation and imperil your military career. Fighting back is your only option. Contact Bilecki Law Group for your confidential consultation today.
How To Fight Back And Win Against Charges of Indecent Conduct Under Article 134?
How often does indecent conduct take place within the ranks of the military? Every hour of every single day. Somewhere in the ranks there is some young service member humping an
inanimate object for laughs and somewhere in every barracks in the Marine Corps are two young Marines humping each other as a joke. Don’t get mad Marines, you know it is true.
The military is a sexually charged and alcohol infused culture of young adults and it takes about 0.2 seconds for the conversation to turn “indecent.” The real crime is the fickle and arbitrary prosecution by commands that either can’t take a joke or simply are out to screw over a young person’s life that day. What makes one command laugh makes another try to ruin your career. You can’t possibly expect to know where the line is with such arbitrary standards.
If you are facing prosecution for indecent conduct, there is a better than average chance you are experiencing the abuse and misuse of the UCMJ. If you have any doubt about that, just consider that the maximum punishment for negligent homicide is two years shorter than the maximum punishment for indecent conduct. They don’t care so much if you accidentally cause someone’s death, just don’t hump anything while you do it.
Protect Your Future with a Court Martial Attorney
Protect Your Future with a Court Martial Attorney
- The eradication of your reputation and good name in the military. The dishonor it would bring upon the armed forces could lead to a dishonorable discharge.
- The loss of your rank and military pay and benefits —both worth tens or even hundreds of thousands of dollars over the course of your lifetime.
- Prison time, which is absolutely on the table with a conviction of indecent conduct. The worst-case scenario could land you in jail for up to 5 years.
Military Defense Attorney for Article 134 of the UCMJ.
The military’s broad definition of indecent conduct means that military personnel are never truly safe from allegations or even a conviction under Article 134. A spurned lover making accusations that her ex rummaged through her underwear drawer; a “wardrobe malfunction” at a bar; and even sexual text messages or photos could lead to charges of indecent conduct. It’s for these and many other reasons that you must hire the most experienced military defense attorney possible to advocate for you in court. And when it comes to experience, resources, and
global reach, few military defense law firms are as capable and reputable as Bilecki Law Group. Let’s take a look at all of these benefits in more detail:
- Experienced Veterans of the JAG Corp:Veteran court martial lawyer Tim Bilecki has decades of experience defending hundreds of service members from within the military’s own justice system. We have fought against the court martial system for decades and have proven strategies in place to secure the best possible outcomes for our clients.
- Access to Experts:Bilecki Law Group has working relationships with some of the most experienced legal experts, forensic specialists, and investigators in the country, and can use these resources to build a formidable case for our clients.
- Global reach and fast response times:Bilecki Law Group is strategically located in Tampa, Florida, in close proximity to numerous military installations on the ground. We can have boots on the ground at your location shortly after being retained.
Win Your Indecent Conduct Case
Frequently Asked Questions About Article 134 (Indecent Conduct)
A soldier who is convicted of indecent conduct under Article 134 of the UCMJ will face a maximum sentence of:
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for up to 5 years
- A dishonorable discharge
Note that the court may take the ages of the individuals who witness the indecent conduct as an aggravating factor which may allow prosecutors to push for the maximum.
According to the Manual for Court Martial, an indecent act would be a “form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.” A woman lifting up her shirt at a bar for example, or a man showing his genitals in public, could both be considered indecent conduct.