§ Article 123 : Offenses Concerning Government Computers

Article 123 of the UCMJ (10 U.S.C. § 923) punishes three offenses involving Government computers: accessing one with an unauthorized purpose, obtaining classified information, and communicating it to someone not entitled to receive it; accessing one with an unauthorized purpose and obtaining classified or other protected information; and knowingly causing the transmission of a program, information, code, or command that intentionally and without authorization damages a Government computer.

Who It Applies To

Any person subject to the UCMJ who commits any of the three offenses described below.

What It Covers

Unauthorized distribution of classified information obtained from a Government computer

1. The accused knowingly accessed a Government computer with an unauthorized purpose.
2. The accused obtained classified information.
3. The accused had reason to believe the information could be used to injure the United States or benefit a foreign nation.
4. The accused intentionally communicated, delivered, or transmitted the information — or caused it to be — to a person not entitled to receive it.

Unauthorized access of a Government computer and obtaining classified or other protected information

1. The accused intentionally accessed a Government computer with an unauthorized purpose.
2. The accused thereby obtained classified or other protected information from a Government computer.

Causing damage to a Government computer

1. The accused knowingly caused the transmission of a program, information, code, or command.
2. As a result, the accused intentionally and without authorization caused damage to a Government computer.

Key definitions

• Government computer — a computer owned or operated by or on behalf of the United States Government. Computer has the meaning in 18 U.S.C. § 1030 and, under the Manual, includes a portable computer such as a smartphone.
• Access — to gain entry to, instruct, cause input to, cause output from, cause data processing with, or communicate with the logical, arithmetical, or memory function resources of a computer, system, or network.
• With an unauthorized purpose — covers people with no authorization (“outsiders”) and people with authorization who use it for an improper purpose or exceed it (“insiders”). Under the Manual, the key question is whether the person intentionally used the computer for a purpose clearly contrary to the interests or intent of the authorizing party.
• Protected information — under the Manual, includes personally identifiable information, Controlled Unclassified Information, and information designated For Official Use Only, Law Enforcement Sensitive, Unclassified Nuclear Information, or Limited Distribution.
• Damage — any impairment to the integrity or availability of data, a program, a system, or information (18 U.S.C. § 1030).

Maximum Punishment

Maximum authorized punishment.

• Unauthorized distribution of classified information obtained from a Government computer: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
• Unauthorized access and obtaining classified or other protected information: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
• Causing damage to a Government computer: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

Sentencing parameters. Unauthorized distribution and causing damage, Category 3 (30–120 months). Unauthorized access and obtaining information, Category 2 (1–36 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

Article 123 is limited to Government computers. Communicating national defense information to a foreign government or its agents is addressed by Article 103a, and tampering with a public record in any form by Article 104.

What the Provision Does

Government computer systems hold classified and other protected information and support government operations. Article 123 addresses misuse of those systems, the removal and disclosure of information from them, and damage to them.

History

Article 123 was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5436), effective January 1, 2019. The Article 123 designation previously belonged to forgery, which is now Article 105.

Sources

• 10 U.S.C. § 923 (Article 123, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 69
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• 18 U.S.C. § 1030 (definitions of computer and damage)