Article 134 : The General Article
Article 134 of the UCMJ (10 U.S.C. § 934) is not a single offense. It makes punishable, “though not specifically mentioned” elsewhere in the UCMJ, three categories of conduct: disorders and neglects to the prejudice of good order and discipline in the armed forces (clause 1); conduct of a nature to bring discredit upon the armed forces (clause 2); and crimes and offenses not capital (clause 3). The Manual for Courts-Martial lists 18 specific offenses under Article 134, each with its own elements and maximum punishment. This page indexes them and explains how Article 134 works.
The three clauses and the terminal element
Every Article 134 offense requires proof of the accused’s acts or omissions plus a terminal element that expresses the clause being charged:
- Clause 1 — that, under the circumstances, the conduct was to the prejudice of good order and discipline in the armed forces. Under the Manual, this refers only to conduct that is directly prejudicial, not conduct prejudicial only in a remote or indirect sense.
- Clause 2 — that, under the circumstances, the conduct was of a nature to bring discredit upon the armed forces.
- Clause 3 — that the offense charged was a crime or offense not capital. The accused’s acts must satisfy each element of the federal statute involved, including, where the Federal Assimilative Crimes Act (18 U.S.C. § 13) applies, each element of the assimilated state law. Since 2019, the statute also reaches conduct outside the United States that would be a noncapital federal crime if committed within the special maritime and territorial jurisdiction of the United States.
More than one clause may be alleged, but proof of one is enough. The 18 offenses listed below are charged under clause 1, clause 2, or both, and each page states the terminal element.
Limits on Article 134
Under the preemption doctrine, Article 134 may not be applied to conduct covered by Articles 80 through 132. For example, if an element of larceny under Article 121 is missing, Article 134 cannot be used to charge a larceny-type offense without it. If conduct of this kind is specifically made punishable by another article, it must be charged under that article.
For sentencing parameters, an Article 134 offense that is not one of the 18 listed offenses is classified in Appendix 12C as “134 General article,” a sentencing-criteria offense. See How UCMJ Sentencing Rules Apply.
Offenses listed under Article 134 (18)
- Animal abuse
- Bigamy
- Check, worthless making and uttering — by dishonorably failing to maintain funds
- Child pornography
- Debt, dishonorably failing to pay
- Disloyal statements
- Disorderly conduct, drunkenness
- Extramarital sexual conduct
- Firearm, discharging — through negligence
- Fraternization
- Gambling with subordinate
- Homicide, negligent
- Indecent conduct
- Indecent language
- Pandering and prostitution
- Self-injury without intent to avoid service
- Sexual harassment
- Straggling
Offenses that are no longer Article 134 offenses
The Military Justice Act of 2016 (Pub. L. 114-328), effective January 1, 2019, moved most of the offenses once listed under Article 134 into numbered articles. According to the Manual’s analysis, 36 of the 53 offenses listed under Article 134 in the 2016 edition were relocated. Frequently searched examples:
| Formerly listed under Article 134 | Current article |
|---|---|
| Obstructing justice | <a href="https://ucmjoffenses.com/ucmj-article-131b-obstructing-justice/">Article 131b</a> |
| Misprision of a serious offense | <a href="https://ucmjoffenses.com/ucmj-article-131c-misprision-of-serious-offense/">Article 131c</a> |
| Wrongful refusal to testify | <a href="https://ucmjoffenses.com/ucmj-article-131d-wrongful-refusal-to-testify/">Article 131d</a> |
| Subornation of perjury | <a href="https://ucmjoffenses.com/ucmj-article-131a-subornation-of-perjury/">Article 131a</a> |
| Wrongful interference with an adverse administrative proceeding | <a href="https://ucmjoffenses.com/ucmj-article-131g-wrongful-interference-with-adverse-administrative-proceeding/">Article 131g</a> |
| Communicating a threat; threat or hoax | <a href="https://ucmjoffenses.com/ucmj-article-115-communicating-threats/">Article 115</a> |
| Kidnapping | <a href="https://ucmjoffenses.com/ucmj-article-125-kidnapping/">Article 125</a> |
| Child endangerment | <a href="https://ucmjoffenses.com/ucmj-article-119b-child-endangerment/">Article 119b</a> |
| Assault with intent to commit specified offenses | <a href="https://ucmjoffenses.com/ucmj-article-128-assault/">Article 128</a> |
| Reckless endangerment; carrying a concealed weapon; willful discharge of a firearm | <a href="https://ucmjoffenses.com/ucmj-article-114-endangerment-offenses/">Article 114</a> |
| Receiving stolen property | <a href="https://ucmjoffenses.com/ucmj-article-122a-receiving-stolen-property/">Article 122a</a> |
| Unlawful entry | <a href="https://ucmjoffenses.com/ucmj-article-129-burglary-unlawful-entry/">Article 129</a> |
| Impersonating an officer, agent, or official | <a href="https://ucmjoffenses.com/ucmj-article-106-impersonation-of-officer-noncommissioned-or-petty-officer-or-agent-or-official/">Article 106</a> |
| Wearing unauthorized insignia | <a href="https://ucmjoffenses.com/ucmj-article-106a-wearing-unauthorized-insignia-decoration-badge-ribbon-device-or-lapel-button/">Article 106a</a> |
| False swearing | <a href="https://ucmjoffenses.com/ucmj-article-107-false-official-statements-false-swearing/">Article 107</a> |
| Bribery and graft | <a href="https://ucmjoffenses.com/ucmj-article-124a-bribery/">Article 124a</a> / <a href="https://ucmjoffenses.com/ucmj-article-124b-graft/">Article 124b</a> |
The full list, including article numbers that now identify different offenses, is in the Renumbering Guide.
- Renumbering Guide — every former Article 134 offense and every reassigned article number
- Glossary — terminal element, Offense Category, sentencing parameter, and other terms
- Offenses by Sentencing Category — every article grouped by its Appendix 12C classification
- How UCMJ Sentencing Rules Apply — maximum authorized punishment and sentencing parameters
- About and Sourcing — methodology, sources, and corrections
Sources
- 10 U.S.C. § 934 (Article 134, UCMJ)
- Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 91
- Manual for Courts-Martial, United States (2024 ed.), Appendix 12C and Appendix 12D
- Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)