§ Article 131a : Subornation of Perjury

Article 131a of the UCMJ (10 U.S.C. § 931a) punishes inducing and procuring another person to take an oath and to falsely testify, depose, or state on that oath, when the oath is required or authorized by law and properly administered, the other person willfully makes a material false statement, and neither the accused nor the other person believes the statement is true.

Who It Applies To

Any person subject to the UCMJ who induces and procures another person to take a lawful oath, administered by a person with authority to do so, and to willfully make or subscribe a materially false statement upon that oath, where neither party believed the statement to be true at the time it was made.

What It Covers

1. The accused induced and procured a certain person to take an oath or its equivalent and to falsely testify, depose, or state on that oath concerning a certain matter.
2. The oath was administered in a matter in which it was required or authorized by law.
3. It was administered by a person with authority to do so.
4. On that oath, the person willfully made or subscribed a certain statement.
5. The statement was material.
6. The statement was false.
7. Neither the accused nor the person then believed the statement was true.

“Induce and procure” means to influence, persuade, or cause. “Oath” includes affirmation, and the principles explained for perjury under Article 131 apply.

Maximum Punishment

Maximum authorized punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 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

Subornation of perjury addresses inducing another person to commit perjury — distinct from perjury itself under Article 131, which addresses the false testimony or statement of the person who made it, not a third party who induced it.

What the Provision Does

Article 131a applies to the person who induces and procures another person to commit perjury, rather than to the witness who gives the false testimony. It requires that the other person actually take the oath and willfully make a material false statement that neither of them believes to be true.

History

Article 131a was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5444), effective January 1, 2019. Before then, subornation of perjury was charged as an enumerated offense under Article 134.

Sources

• 10 U.S.C. § 931a (Article 131a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 82
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C