§ Article 134 : Pandering and Prostitution

This offense is prosecuted under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It covers engaging in prostitution, patronizing a prostitute, and pandering — arranging or facilitating an act of prostitution between others — without the element of force that distinguishes forcible pandering under Article 120c.

Disambiguation — this is not Article 134 itself, and is distinct from Article 120c

Article 120c(b) punishes forcible pandering — compelling another person into an act of prostitution. This Article 134 offense addresses prostitution, patronizing a prostitute, and pandering without that element of compulsion.

Who It Applies To

Any person subject to the UCMJ who wrongfully engages in prostitution, patronizes a prostitute, or engages in pandering, under circumstances that are prejudicial to good order and discipline or service-discrediting.

What It Covers

Prostitution

1. The accused engaged in a sexual act with another person who was not the accused’s spouse.
2. The accused did so for the purpose of receiving money or other compensation.
3. The act was wrongful.
4. 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.

Patronizing a prostitute

1. The accused engaged in a sexual act with another person who was not the accused’s spouse.
2. The accused compelled, induced, enticed, or procured that person to engage in a sexual act in exchange for money or other compensation.
3. The act was wrongful.
4. 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.

Pandering by inducing, enticing, or procuring an act of prostitution

1. The accused induced, enticed, or procured a certain person to engage in a sexual act for hire and reward with a person to be directed to that person by the accused.
2. The inducing, enticing, or procuring was wrongful.
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.

Pandering by arranging, or receiving consideration for arranging, a sexual act

1. The accused arranged for, or received valuable consideration for arranging for, a certain person to engage in a sexual act.
2. The arranging, and any receipt of consideration, was wrongful.
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” has the meaning in Article 120(g). The offense does not preempt other lawful regulations or orders prohibiting other forms of sexual conduct for compensation; violations of those may be punishable under Article 92.

Maximum Punishment

Maximum authorized punishment.

• Prostitution and patronizing a prostitute: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• Pandering: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Sentencing parameters. Prostitution and patronizing a prostitute, Category 1 (0–12 months). Pandering, 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

This offense is one of the offenses listed under the General Article. Compelling another person to engage in an act of prostitution is forcible pandering under Article 120c, which authorizes a much higher maximum punishment. Conduct prohibited only by regulation or order may be addressed by Article 92.

What the Provision Does

This offense separates engaging in prostitution and patronizing a prostitute, each with a maximum of 1 year’s confinement, from pandering, with a maximum of 5 years. None of these forms requires the compulsion that defines forcible pandering under Article 120c.

History

Pandering and prostitution was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 97). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 106 and conformed the definition of “sexual act” to Article 120(g) as amended by the Military Justice Act of 2016.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 106
• 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)