§ Article 127 : Extortion

Article 127 of the UCMJ (10 U.S.C. § 927) punishes communicating a threat to another person with the intention of obtaining something of value, or an acquittance, advantage, or immunity, as a result.

Who It Applies To

Any person subject to the UCMJ who communicates a threat to another person, with the intention of thereby obtaining anything of value, or any acquittance, advantage, or immunity.

What It Covers

1. The accused communicated a certain threat to another.
2. The accused intended to unlawfully obtain something of value, or any acquittance, advantage, or immunity.

Key rules

• Extortion is complete when the threat is communicated with the required intent; its actual or probable success need not be proved.
• The threat may be communicated by any means but must be received by the intended victim. It may be a threat to injure the person or property of the victim or of someone held dear; to accuse any of them of a crime; to expose or impute any deformity or disgrace to them; to expose any secret affecting them; or to do any other harm.
• An acquittance is a release or discharge from an obligation.
• An intent to make a person do an act against their will is not, by itself, enough for extortion.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Sentencing parameters. 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

Extortion does not require a taking; robbery under Article 122 requires a taking by force, violence, or fear from the person or in the person’s presence. Communicating a threat under Article 115 does not require an intent to obtain something of value, an acquittance, an advantage, or immunity.

What the Provision Does

Article 127 is complete when a threat is communicated with the intent to obtain something of value, an acquittance, an advantage, or an immunity; no taking is required. The maximum confinement is 3 years.

History

Article 127 appeared in the original 1950 Uniform Code of Military Justice and was codified at 10 U.S.C. § 927 in 1956. Its text has not been amended since.

Sources

• 10 U.S.C. § 927 (Article 127, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 76
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C