UCMJ Article 134: Indecent Language
On this page
Indecent language is an enumerated Article 134 offense: communicating, orally or in writing, language that is grossly offensive or tends to incite lustful thought, when the conduct is prejudicial to good order and discipline or service-discrediting. The maximum is a bad-conduct discharge and 6 months, or a dishonorable discharge and 2 years if the language was communicated to a child under 16. In the 2024 Manual for Courts-Martial it is paragraph 105.
Elements under ¶ 105
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 105.b:
- The accused orally or in writing communicated certain language to another person.
- The language was indecent.
- Under the circumstances, the conduct was prejudicial to good order and discipline, of a nature to bring discredit on the armed forces, or both.
If the person who received the language was a child under 16, that becomes a fourth element and raises the maximum.
The third element is the Article 134 terminal element, drawn from 10 U.S.C. § 934. It is proved on the facts; words that are indecent but have no effect on discipline or the service’s reputation do not complete the offense. How the terminal element works across all Article 134 offenses is explained under the general article.
What makes language “indecent”
Under ¶ 105.c, indecent language is language “which 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.” It is also indecent if it “tends reasonably to corrupt morals or incite libidinous thoughts.” The Manual adds: “The language must violate community standards.”
That gives two routes: language that is grossly offensive because it is vulgar or disgusting, and language whose tendency is to incite lustful or libidinous thought. Either one, measured against community standards, satisfies the indecency element.
Language to a child, and the paragraph number
When the language is communicated to a child under 16, the maximum rises. The Manual adds a cross-reference: “See paragraph 62 if the communication was made in the physical presence of a child.” Paragraph 62 is Article 120b, whose definition of a “lewd act” includes intentionally communicating indecent language to a child by any means, including electronic communication, with intent to abuse, humiliate, or degrade or to arouse or gratify sexual desire. That is sexual abuse of a child, with a maximum of 15 years.
Older charge sheets and articles cite indecent language as paragraph 89, its number in the 2016 Manual. In the 2024 Manual it is ¶ 105.
6 months, or 2 years when the listener is under 16
From ¶ 105.d:
| Recipient | Maximum |
|---|---|
| A child under 16 | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
| Any other person | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
Provoking words, harassment, and obscene mail
Words used toward another person subject to the UCMJ that tend to provoke a breach of the peace are provoking speeches or gestures under Article 117, which turns on provocation rather than indecency. Unwelcome sexual remarks that create an intimidating, hostile, or offensive working environment can also be the separate Article 134 offense of sexual harassment (MCM ¶ 107a), with a 2-year maximum. Mailing obscene matter is Article 120a.
Sources
- 10 U.S.C. § 934, Article 134, General article (Cornell LII)
- 10 U.S.C. § 920b, Article 120b, Rape and sexual assault of a child (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 62, ¶ 105, and ¶ 107a
General information about military law, not legal advice for any individual case.