§ Article 114 : Endangerment Offenses

Article 114 of the UCMJ (10 U.S.C. § 914) covers four related offenses: reckless endangerment, dueling, willfully and wrongfully discharging a firearm under circumstances endangering human life, and unlawfully carrying a concealed dangerous weapon.

Who It Applies To

Any person subject to the UCMJ who engages in wrongful and reckless, or wanton, conduct likely to produce death or grievous bodily harm to another person; who fights, promotes, is concerned in, or connives at fighting a duel, or who knows of a challenge sent or about to be sent and fails to report it promptly to proper authority; who willfully and wrongfully discharges a firearm under circumstances endangering human life; or who unlawfully carries a dangerous weapon concealed on or about their person.

What It Covers

Reckless endangerment

1. The accused engaged in conduct.
2. The conduct was wrongful and reckless, or wanton.
3. The conduct was likely to produce death or grievous bodily harm to another person.

Dueling

1. The accused fought another person with deadly weapons.
2. The combat was for private reasons.
3. The combat was by prior agreement.

Promoting a duel

1. The accused promoted a duel between certain persons.
2. The accused did so in a certain manner.

Conniving at fighting a duel

1. Certain persons intended to and were about to engage in a duel.
2. The accused knew of the planned duel.
3. The accused connived at the fighting of the duel in a certain manner.

Failure to report a duel

1. A challenge to fight a duel had been sent or was about to be sent.
2. The accused knew of the challenge.
3. The accused failed to report it promptly to proper authority.

Firearm discharge endangering human life

1. The accused discharged a firearm.
2. The discharge was willful and wrongful.
3. The discharge was under circumstances such as to endanger human life.

Carrying a concealed weapon

1. The accused carried a certain weapon concealed on or about the accused’s person.
2. The carrying was unlawful.
3. The weapon was a dangerous weapon.

Key rules

• Reckless conduct shows a culpable disregard of foreseeable consequences to others; the accused need not intend harm or know it is substantially certain. Wanton includes reckless and may connote willfulness. When death or grievous bodily harm is the natural or probable consequence of the conduct, it may be inferred that the conduct was likely to produce it. No death or injury need actually occur.
• Promoting a duel includes urging or taunting someone to challenge or accept, acting as a second or carrier of a challenge, or otherwise furthering the duel. A person who knows steps are being taken toward a duel and fails to take reasonable preventive action connives at it.
• For firearm discharge, the test is whether the discharge was unsafe to human life in general under the circumstances, not whether a particular life was in fact endangered.
• A weapon is concealed when intentionally covered or kept from sight, and is dangerous if specifically designed to do grievous bodily harm or used or intended to be used by the accused for that purpose. On or about means on the accused’s person or within immediate reach.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year, for each offense under Article 114.

Sentencing parameters. Category 1 (0–12 months).

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Reckless endangerment does not require an act directed at a particular victim, which distinguishes it from assault under Article 128. Negligent discharge of a firearm is addressed by a separate Article 134 offense, and reckless operation of a vehicle, aircraft, or vessel by Article 113.

What the Provision Does

Each offense in Article 114 addresses conduct that creates a serious risk to life without requiring that anyone actually be harmed.

History

Article 114 appeared in the original 1950 UCMJ, codified at 10 U.S.C. § 914 in 1956, and addressed dueling only. The Military Justice Act of 2016 (Pub. L. 114-328, § 5426) rewrote the article, effective January 1, 2019, adding reckless endangerment, willful firearm discharge endangering human life, and carrying a concealed weapon, each previously charged as an enumerated offense under Article 134.

Sources

• 10 U.S.C. § 914 (Article 114, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 52
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C