UCMJ Article 131a: Subornation of Perjury

Subornation of perjury is inducing and procuring another person to take an oath and testify falsely, and it is complete only if that person actually commits perjury: a lawful oath, a willful, material, false statement, and neither the accused nor the witness believing it was true. The maximum matches perjury: a dishonorable discharge, forfeiture of all pay and allowances, and 5 years.

Six conditions in § 931a(b)

10 U.S.C. § 931a(a) punishes a person subject to the UCMJ who “induces and procures another person” to take an oath and “to falsely testify, depose, or state upon such oath,” but only “if the conditions specified in subsection (b) are satisfied.” Those conditions are:

1. The oath is administered for a matter in which an oath is required or authorized by law.
2. It is administered by a person with authority to do so.
3. Upon the oath, the other person willfully makes or subscribes a statement.
4. The statement is material.
5. The statement is false.
6. When the statement is made, neither the accused nor the other person believes it is true.

Before January 1, 2019, this was an enumerated Article 134 offense. The Military Justice Act of 2016 moved it to Article 131a (Pub. L. 114-328, § 5444; MCM 2024, Appendix 17, analysis of ¶ 82). The neighboring Article 131b, added at the same time, is obstructing justice.

Induce, procure, and the perjury principles

The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 82.c, is brief:

• “Induce and procure” means “to influence, persuade, or cause.”
• “Oath” includes an affirmation.
• The principles of the perjury paragraph (¶ 81.c) apply. That brings in the materiality rule (the matter need not be the main issue) and the proof rules for falsity, including the requirement that a single witness contradicting the statement be corroborated.

The two-sided belief element

Element 6 requires that neither person believed the statement. If the witness honestly believed the testimony, there is no perjury and therefore no subornation, even if the accused knew it was false. If the accused believed the testimony was true, the accused has not suborned perjury, even if the witness lied.

When the witness does not lie

Because the statute’s conditions require a completed false statement under oath, Article 131a is not committed when the witness refuses, tells the truth, or never testifies. That is not a gap in the law. The same conduct can be charged as soliciting another to commit perjury under Article 82, which is complete when the request is made, or as obstructing justice under Article 131b, whose examples include “wrongfully influencing, intimidating, impeding, or injuring a witness” and which does not require that the obstruction succeed (MCM ¶ 83.c).

The same 5 years as perjury

Under ¶ 82.d, the maximum is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years, the same as perjury under Article 131.

Sources

• 10 U.S.C. § 931a, Article 131a, Subornation of perjury (Cornell LII)
• 10 U.S.C. § 931b, Article 131b, Obstructing justice (Cornell LII)
• Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 81.c, ¶ 82, and ¶ 83.c; Appendix 17, analysis of ¶ 82

General information about military law, not legal advice for any individual case.