Articles of the UCMJ: Offenses at a Glance
The UCMJ contains specific articles defining various offenses, from minor infractions to serious felonies. Each article has defined elements that the government must prove beyond a reasonable doubt for a conviction.
- Article 86 (Absence Without Leave – AWOL / Desertion): Unexcused absence from duty, unit, or place of duty. Desertion implies intent to permanently remain away.
- Article 92 (Failure to Obey Order or Regulation / Dereliction of Duty): Violating a lawful order or regulation, or negligently or willfully failing to perform duties.
- Article 112a (Wrongful Use, Possession, etc., of Controlled Substances): Covers drug offenses, including wrongful use, possession, introduction, manufacture, and distribution of controlled substances.
- Article 120 (Rape and Sexual Assault): Defines offenses involving sexual acts committed without consent, by force, threat, or when the victim is incapacitated. Also covers aggravated and abusive sexual contact.
- Article 121 (Larceny and Wrongful Appropriation): Theft of money or property with intent to permanently deprive (Larceny) or temporarily deprive (Wrongful Appropriation).
- Article 133 (Conduct Unbecoming an Officer and a Gentleman): For officers, conduct that dishonors or discredits the officer’s professional and ethical obligations, even if not explicitly covered by other articles.
- Article 134 (General Article): A broad “catch-all” article that covers any conduct prejudicial to good order and discipline, or conduct of a nature to bring discredit upon the armed forces, or non-capital crimes not specifically covered by other UCMJ articles. Examples include adultery, communicating a threat, reckless endangerment, and false statements.