§ Article 134 : Animal Abuse

Animal abuse is an enumerated offense under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It covers intentional abuse, culpable neglect, and abandonment of an animal, and a sexual act with an animal, when the conduct is prejudicial to good order and discipline or service-discrediting.

Disambiguation — this is not Article 134 itself

Article 134 is a general clause under which the Manual for Courts-Martial lists numerous separately defined offenses. Animal abuse is one of those enumerated offenses.

Who It Applies To

Any person subject to the UCMJ who wrongfully abuses, neglects, or abandons an animal, or engages in a sexual act with an animal, under circumstances that are prejudicial to good order and discipline in the armed forces or of a nature to bring discredit upon the armed forces.

What It Covers

Abuse, neglect, or abandonment of an animal

1. The accused wrongfully abused, neglected, or abandoned a certain animal.
2. Where alleged: the animal was a public animal, or the accused caused the serious injury or death of the animal.
3. Under the circumstances, the accused’s conduct was prejudicial to good order and discipline in the armed forces, was of a nature to bring discredit upon the armed forces, or both.

Sexual act with an animal

1. The accused engaged in a sexual act with a certain animal.
2. Under the circumstances, the accused’s conduct was prejudicial to good order and discipline in the armed forces, was of a nature to bring discredit upon the armed forces, or both.

Key definitions and rules

• The offense does not include legal hunting, trapping, or fishing; reasonable and recognized training, handling, or disciplining of an animal; normal and accepted farm or veterinary practices; research or testing under approved governmental protocols; protecting a person or property from an unconfined animal; or authorized military operations or training.
• Abuse means intentionally and unjustifiably overdriving, overloading, overworking, tormenting, beating, depriving of necessary sustenance, housing in a manner causing chronic or repeated serious physical harm, transporting or confining in a cruel or reckless manner, or otherwise mistreating an animal.
• Neglect means knowingly allowing another to abuse an animal, or, while having charge or custody of it, knowingly or through culpable negligence failing to provide proper food, drink, or protection from the weather. Abandon means, while having charge or custody of an animal, knowingly or through culpable negligence leaving it somewhere without minimum care.
• Animal means pets and animals of the type raised for resale — such as cattle, horses, sheep, pigs, goats, chickens, dogs, and cats — owned or controlled by any person. It does not include reptiles, insects, arthropods, or animals declared pests by the EPA. A public animal is one owned or used by the United States or by a State or local government, such as a government drug detector dog.
• Serious injury includes physical harm involving substantial disfigurement or loss of function, a fracture, permanent maiming, acute pain resulting in suffering, or a substantial risk of death, and includes burning, torturing, poisoning, or maiming.

Maximum Punishment

Maximum authorized punishment.

• Abuse, neglect, or abandonment of an animal: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• Abuse, neglect, or abandonment of a public animal: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 2 years.
• Sexual act with an animal, or cases where the accused caused the serious injury or death of the animal: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sentencing parameters. Abuse, neglect, or abandonment of an animal or a public animal, Category 1 (0–12 months). Sexual act with an animal, or causing serious injury or death, 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

Animal abuse is one of the offenses listed under the General Article, so the terminal element must be proved. Damage to or loss of military property, which can include government-owned animals, is addressed by Article 108.

What the Provision Does

This offense covers intentional abuse, culpable neglect, and abandonment of an animal, and a sexual act with an animal, when the terminal element is proved. The maximum confinement ranges from 1 to 5 years depending on the form.

History

Animal abuse was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 61). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 92. According to the Manual’s analysis, sexual misconduct formerly addressed under the former Article 125 is now addressed by Article 120 and by this offense.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 92
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)