The Navy rules, your career aspirations and Captain Phillips. You should feel like Captain Phillips or the soldiers that saved him. Why are you trying to steal PRIONS ™ if you are intending as a Navy applicant to protect the public and men like Captain Phillips; ClIck here. You should not be the pirate but the Navy employee or Navy Cadet.

 The Navy rules, your career aspirations and Captain Phillips.  You should feel like Captain Phillips or the soldiers that saved him. Why are you trying to steal PRIONS ™ if you are intending  as a Navy applicant to protect the public and men like Captain Phillips; ClIck here. You should not be the pirate but the Navy employee or Navy Cadet.   

 

Free Consultations: (888) 417-6622

 Veteran Owned & Operated

Menu

MILITARY CRIMINAL DEFENSE

OUR SQUAD

CASE RESULTS

BLOG

ABOUT

CONTACT US

UCMJ ARTICLE 134 – ADULTERY (GENERAL ARTICLE)

We are a worldwide firm and will travel to any military installation, home or abroad.

UCMJ Article 134

UCMJ Article 134

Adultery (General Article)

Adultery in the military is addressed under Article 134 of the UCMJ, also known as the “General Article,” which is a list of prohibited conduct that is of a nature to bring discredit upon the armed forces or is prejudicial to good order and discipline. Although adultery is often difficult to prove, commanders at the lowest appropriate levels are given great leeway in deciding what is considered to bring discredit upon their unit or what is prejudicial to its good order and discipline. It is also important to note that single service members can be charged with adultery if the person with whom they had intercourse is married at the time of the act.

 

Maximum Possible Punishments for violations of Article 134: Adultery

The maximum punishment according to Article 134 (Adultery) is a Dishonorable Discharge, forfeiture of all pay and allowances, and confinement for one year.

 

Understanding Article 134 (Adultery) of the UCMJ

The crime of adultery under the UCMJ consists of three elements. All three of these elements must be proved by the government beyond a reasonable doubt in order to charge a service member with adultery and include:

That the accused wrongfully had sexual intercourse with a certain person;

That, at the time, the accused or the other person was married to someone else; 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.

Article 134 also sets forth nine factors a commander should consider when deciding whether a service member’s adulterous actions are prejudicial to his or her unit’s good order and discipline or are of a nature to bring discredit upon the armed forces:

The accused’s marital status, rank, or position;

The co-actor’s marital status, rank, position, or relationship to the armed forces;

The military status of the accused’s spouse or spouse of the co-actor, or their relationship to the armed forces;

The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their military duties;

The misuse, if any, of government time and resources to facilitate the commission of the conduct;

Whether the conduct persisted despite counseling or orders to desist; the flagrancy of the conduct, such as whether any notoriety ensued; whether the adulterous act was accompanied by other violations of the UCMJ;

The negative impact of the conduct on the units of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit morale, teamwork, and efficiency;

Whether the accused or co-actor was legally separated; and

Whether the adulterous conduct involves an ongoing or recent relationship or is remote in time.

 

How do you defend against Article 134 charges for fraternization?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 22 years of experience in military law and a sought-after speaker and lecturer on military law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding a wide variety of matters and a diverse background of clients

 

If you are someone you know is facing Article 134 charges for adultery you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.

View more UCMJ Articles.

Share

Tweet

Pin

Share

0SHARES

Search

Search for:

Search …

 

Contact Us

First Name (Required) 

Last Name (Required) 

Email Address (Required) 

Phone 

Your Message 

powered by Birdeye

Related Pages

UCMJ Article 78 – Accessory After the Fact

UCMJ Article 79 – Conviction of Offense Charged, Lesser Included Offenses, and Attempts

UCMJ Article 80 – Attempts

UCMJ Article 81 – Conspiracy

UCMJ Article 82 – Soliciting Commission of Offenses

UCMJ Article 83 – Malingering

UCMJ Article 84 – Breach of Medical Quarantine

UCMJ Article 85 – Desertion

UCMJ Article 86 – Absence Without Leave

UCMJ Article 87 – Missing Movement; Jumping from Vessel

UCMJ Article 87a – Resistance, Flight, Breach of Arrest, and Escape

UCMJ Article 87b – Offenses Against Correctional Custody and Restriction

UCMJ Article 88 – Contempt Toward Officials

UCMJ Article 89 – Disrespect Toward Superior Commissioned Officer; Assault of Superior Commissioned Officer

UCMJ Article 90 – Willfully Disobeying Superior Commissioned Officer

UCMJ Article 91 – Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer

UCMJ Article 92 – Failure to Obey Order or Regulation

UCMJ Article 93 – Cruelty and Maltreatment

UCMJ Article 93a – Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust

UCMJ Article 94 – Mutiny or Sedition

UCMJ Article 95 – Offenses by sentinel or lookout

UCMJ Article 95a – Disrespect toward sentinel or lookout

UCMJ Article 96 – Release of prisoner without authority; drinking with prisoner

UCMJ Article 97 – Unlawful detention

UCMJ Article 98 – Misconduct as a Prisoner

UCMJ Article 99 – Misbehavior Before the Enemy

UCMJ Article 100 – Subordinate Compelling Surrender

UCMJ Article 101- Improper Use of Countersign

UCMJ Article 102 – Forcing a Safeguard

UCMJ Article 103 – Spies

UCMJ Article 103a – Espionage

UCMJ Article 103b – Aiding the Enemy

UCMJ Article 104 – Public Records Offenses

UCMJ Article 104a – Fraudulent enlistment, appointment, or separation

UCMJ Article 104b – Unlawful enlistment, appointment, or separation

UCMJ Article 105 – Forgery

UCMJ Article 105a – False or Unauthorized Pass Offenses

UCMJ Article 106 – Impersonation of Officer, Noncommissioned or Petty Officer, or Agent or Official

UCMJ Article 106a – Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button

UCMJ Article 107 – False Official Statements; False Swearing

UCMJ Article 107a – Parole Violation

UCMJ Article 108 – Military Property of the United States – Loss, Damage, Destruction, or Wrongful Disposition

UCMJ Article 108a – Captured or Abandoned Property

UCMJ Article 109 – Property Other Than Military Property of United States—Waste, Spoilage, or Destruction

UCMJ Article 109a – Mail Matter: Wrongful Taking, Opening, Etc.

UCMJ Article 110 – Improper Hazarding of Vessel or Aircraft

UCMJ Article 111 – Leaving Scene of Vehicle Accident

UCMJ Article 112 – Drunkenness and Other Incapacitation Offenses

UCMJ Article 112a – Wrongful Use, Possession of Controlled Substances

UCMJ Article 113 – Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel

UCMJ Article 114 – Endangerment Offenses

UCMJ Article 115 – Communicating Threats

UCMJ Article 116 – Riot or Breach of Peace

UCMJ Article 117 – Provoking Speeches or Gestures

UCMJ Article 118 – Murder

UCMJ Article 119 – Manslaughter

UCMJ Article 119a – Death or Injury of an Unborn Child

UCMJ Article 119b – Child Endangerment

UCMJ Article 120 – Rape and Sexual Assault Generally

UCMJ Article 120a – Mails: Deposit of Obscene Matter

UCMJ Article 120b – Rape and Sexual Assault of a Child

UCMJ Article 120c – Other Sexual Misconduct

UCMJ Article 121 – Larceny and Wrongful Appropriation

UCMJ Article 121a – Fraudulent Use of Credit Cards, Debit Cards, and Other Access Devices

UCMJ Article 121b – False Pretenses to Obtain Services

UCMJ Article 122 – Robbery

UCMJ Article 122a – Receiving Stolen Property

UCMJ Article 123 – Offenses Concerning Government Computers

UCMJ Article 123a – Making, Drawing, or Uttering Check, Draft, or Order Without Sufficient Funds

UCMJ Article 124 – Fraud Against the United States

UCMJ Article 124a – Bribery

UCMJ Article 124b – Graft

UCMJ Article 125 – Kidnapping

UCMJ Article 126 – Arson; Burning with Intent to Defraud

UCMJ Article 127 – Extortion

UCMJ Article 128 – Assault

UCMJ Article 128a – Maiming

UCMJ Article 129 – Burglary; Unlawful Entry

UCMJ Article 130 – Stalking

UCMJ Article 131 – Perjury

UCMJ Article 131a – Subornation of Perjury

UCMJ Article 131b – Obstructing Justice

UCMJ Article 131c – Misprision of Serious Offense

UCMJ Article 131d – Wrongful Refusal to Testify

UCMJ Article 131e – Prevention of Authorized Seizure of Property

UCMJ Article 131f – Noncompliance with Procedural Rules

UCMJ Article 131g – Wrongful Interference with Adverse Administrative Proceeding

UCMJ Article 132 – Retaliation

UCMJ Article 133 – Conduct Unbecoming an Officer and a Gentlemen

UCMJ Article 134 – Adultery (General Article)

UCMJ Article 134 – Animal Abuse

UCMJ Article 134 – Bigamy

UCMJ Article 134 – Check, Worthless Making and Uttering – by Dishonorably Failing to Maintain Funds

UCMJ Article 134 – Child Pornography

UCMJ Article 134 – Debt, Dishonorably Failing to Pay

UCMJ Article 134 – Disloyal Statements

UCMJ Article 134 – Disorderly Conduct, Drunkenness

UCMJ Article 134 – Firearm, Discharging Through Negligence

UCMJ Article 134 – Fraternization

UCMJ Article 134 – Gambling with Subordinate

UCMJ Article 134 – Homicide, Negligent

UCMJ Article 134 – Indecent Conduct

UCMJ Article 134 – Indecent Language

UCMJ Article 134 – Pandering and Prostitution

UCMJ Article 134 – Self Injury, Without Intent to Avoid Service

UCMJ Article 134 – Straggling

MAIN OFFICE

4031 North Front Street #200

Harrisburg, PA 17110

Phone: (888) 417-6622

WASHINGTON D.C. OFFICE

1717 Pennsylvania Avenue NW #1025

Washington, D.C. 20006

Phone: (202) 559-9280

CONNECT: 

 

 

Areas We Serve

Disclaimer

Privacy Policy

Copyright © 2022 Crisp and Associates