Maximum Punishment and Sentencing Parameters
| Offense | Maximum confinement | Category | Applicable confinement range before any justified departure | Other listed maximum punishments |
|---|---|---|---|---|
| Prostitution or patronizing a prostitute | 1 year | 1 | 0–12 months | Dishonorable discharge and forfeiture of all pay and allowances |
| Pandering | 5 years | 2 | 1–36 months | Dishonorable discharge and forfeiture of all pay and allowances |
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must use the applicable confinement range unless specific facts justify a departure, which requires a written statement in the record explaining the factual basis. A category range does not increase the offense’s lawful maximum or the court-martial’s jurisdictional limit. An offense assigned sentencing criteria instead of a category requires consideration of those criteria. These are current rules; the date of the alleged conduct determines which offense definition and maximum punishment apply. Earlier conduct requires checking the earlier law. Confinement ranges are separate from authorized discharge, forfeiture and other punishments. Reduction to E-1 applies to enlisted personnel, not officers. Punitive separation also depends on military status. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members.
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.
A service member in the United States military who trades goods or services in exchange for sex, or facilitates that exchange for his own benefit, could find himself facing charges under Article 134 of the UCMJ, which governs all acts of prostitution and pandering. Both prostitution and pandering are considered serious offenses which could have a devastating impact on the service member’s military career and civilian future. If a service member does not take immediate precautionary measures, he or she could face a dishonorable discharge, the loss of his or her military benefits, and a prison sentence that could extend out for years.
- A punitive discharge is commonplace with charges of pandering and prostitution and could lead to the loss of your rank, title, and all military benefits.
- The loss of your pay and allowances could be a devastating blow to your family’s finances. You may even be forced to pay back your reenlistment bonus, which could leave you in debt thousands of dollars.
- You may be facing a maximum prison sentence that could last anywhere from a year to five years or longer depending on whether or not you face additional charges.
This is not the time to pull your punches. If you face pandering or prostitution charges, then hiring an experienced attorney may be the smartest decision you will ever make.
What Is Article 134 (Pandering and Prostitution) of the UCMJ?
All of the UCMJ articles (77-134) requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. The listed Article 134 offenses cover prostitution, patronizing a prostitute and two forms of pandering. Forcible pandering is separately covered by Article 120c. Four such offenses exist, each with a separate set of elements which must be proven:
- Prostitution
- That the accused engaged in a sexual act with another person, not the accused’s spouse;
- That the accused did so for the purpose of receiving money or other compensation;
- That this act was wrongful; and
- 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.
- Patronizing a prostitute
- That the accused engaged in a sexual act with another person not the accused’s spouse;
- That the accused compelled, induced, enticed, or procured such person to engage in a sexual act in exchange for money or other compensation;
- That this act was wrongful; and
- 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.
- Pandering by inducing, enticing, or procuring act of prostitution
- That the accused induced, enticed, or procured a certain person to engage in a sexual act for hire and reward with a person to be directed to said person by the accused;
- That this inducing, enticing, or procuring was wrongful; and
- 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.
- Pandering by arranging or receiving consideration for arranging for a sexual act
- That the accused arranged for or received, valuable consideration for arranging for, a certain person to engage in a sexual act with another person;
- That the arranging (and receipt of consideration) was wrongful; and
- 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 (Pandering and Prostitution): These offenses concern wrongful sexual acts for compensation or the particular form of pandering charged. The government must prove that form’s elements and that the conduct prejudiced good order and discipline or was of a nature to bring discredit upon the armed forces. Advertising alone is not a substitute for proving those elements.
Request A Free Case Evaluation
Law enforcement may believe it has all the evidence needed to convict you. Perhaps an agent saw money exchange hands. Or the allegation arose from a sting operation. That still leaves questions the government must answer: what was actually agreed to, what the witnesses can prove, and whether the evidence establishes the charged offense. Those are questions a defense should test.
But while law enforcement is preparing an open and shut case, you are out searching for an experienced military defense attorney, one with a reputation for securing positive outcomes for their clients, and beating the odds over and over again.
Bilecki Law Group has helped hundreds of service members just like you fight back against the military’s conviction machine. We have secured favorable outcomes time and again thanks to the experience of our attorneys and the resources at our disposal. 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 experienced and reputable as Bilecki Law Group. Let’s take a look at all of these benefits in more detail:
- Trial experience: Tim Bilecki and Ben Gold are experienced litigators who prepare your case together. Our winning record proves we consistently obtain great results for our clients.
- The investigative skills your case requires: Even the best attorneys rely on the talent and expertise of a team to secure consistently positive results. This is why Tim and Ben can choose independent investigators and experts for the work your case requires, then bring their findings into the defense.
- Worldwide military defense: Bilecki Law Group is based in Tampa, Florida, and represents service members worldwide. Tim and Ben both travel for trials and boards. We also have experience dealing with prostitution matters arising out of the Philippines and Thailand.
Charges of prostitution or pandering could leave you behind bars for years. One call to Bilecki Law Group may be all it takes to change the outcome. Contact us today to schedule your confidential consultation.
Experienced Military Defense Lawyers for Article 134 Charges
For charges as serious as prostitution or pandering, you will need an attorney who has fought beside hundreds of service members and secured positive results on a consistent basis. The alternative could be a raw deal that is barely better than a maximum sentence. Feel free to review Bilecki Law Group case history, then call us to schedule your confidential consultation today.
Bilecki Law Group will help you fight back against charges under Article 134: Pandering and Prostitution
Frequently Asked Questions About article 134: (Pandering and Prostitution)
What Is the Maximum Possible Punishment for Article 134 (Pandering and Prostitution)?
An accused’ maximum sentence will depend on the type of offense committed under Article 134 of the UCMJ. Prostitution and patronizing a prostitute
- Reduction to E-1
- Forfeiture of all pay and allowances
- A dishonorable discharge
- Confinement for up to 1 year
Pandering
- Reduction to E-1
- Forfeiture of all pay and allowances
- Confinement for 5 years
- Dishonorable discharge
- What Is Pandering According to the UCMJ?
Pandering under Article 134 includes wrongfully inducing, enticing or procuring a person to engage in a sexual act for hire and reward with someone directed to that person by the accused, or wrongfully arranging for, or receiving valuable consideration for arranging for, a sexual act. The government must prove the charged form of the offense and its required effect on good order and discipline or the reputation of the armed forces. It is not a general label for every form of indecent behavior.
Will Bilecki Law Group Travel to My Location if I Am Stationed Abroad?
If you are stationed abroad, we can help. We have been helping service members fight back against accusations of pandering and prostitution for years and in countries around the globe, including the Philippines and Thailand.