§ Article 134 : Indecent Language

Indecent language is an enumerated offense under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It punishes communicating indecent language to another person, orally or in writing, 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. Indecent language is one of those enumerated offenses.

Who It Applies To

Any person subject to the UCMJ who orally or in writing communicates indecent language to another person, under circumstances prejudicial to good order and discipline in the armed forces, or of a nature to bring discredit upon the armed forces.

What It Covers

1. The accused orally or in writing communicated certain language to another person.
2. The language was indecent.
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.
4. Where alleged: the person to whom the language was communicated was a child under 16.

Key rules

• Indecent language is language that is grossly offensive to modesty, decency, or propriety, or shocks the moral sense, because of its vulgar, filthy, or disgusting nature or its tendency to incite lustful thought. Language is indecent if it tends reasonably to corrupt morals or incite libidinous thoughts, and it must violate community standards.
• Under the Manual, if the communication was made in the physical presence of a child, Article 120b should be consulted.

Maximum Punishment

Maximum authorized punishment.

• Communicated to a child under 16: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
• Other cases: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Sentencing parameters. Communicated to a child under 16, Category 2 (1–36 months), with a recommended maximum of 24 months. Other cases, Category 1 (0–12 months), with a recommended maximum of 6 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

Indecent language is one of the offenses listed under the General Article. Intentionally communicating indecent language to a child with the intent described in Article 120b is a lewd act under Article 120b. Sexual advances or other conduct of a sexual nature that meet the elements of sexual harassment may be charged under that offense, and depositing obscene matter in the mail under Article 120a.

What the Provision Does

This offense covers indecent language communicated orally or in writing, and the maximum confinement increases from 6 months to 2 years when the language is communicated to a child under 16.

History

Indecent language was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 89). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 105.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 105
• 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)