UCMJ Article 134: The General Article
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Article 134 punishes conduct no other UCMJ article covers, in three clauses: disorders and neglects prejudicial to good order and discipline, conduct of a nature to bring discredit on the armed forces, and noncapital federal crimes. The President has listed specific Article 134 offenses in the Manual for Courts-Martial, each with its own maximum; the general article cannot be used to charge conduct another article already covers, or a capital offense.
Text of Article 134
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
Source: 10 U.S.C. § 934. A second sentence extends “crimes and offenses not capital” to conduct outside the United States that would be a noncapital federal crime if committed within the special maritime and territorial jurisdiction.
Three clauses and the terminal element
The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 91, explains the three clauses:
| Clause | What it covers | What must be proved |
|---|---|---|
| 1 | Disorders and neglects to the prejudice of good order and discipline | The act or omission, and that the conduct was prejudicial to good order and discipline. The prejudice must be "reasonably direct and palpable," not remote or indirect |
| 2 | Conduct of a nature to bring discredit on the armed forces | The act or omission, and that the conduct was of a nature to bring discredit. "Discredit" means to injure the reputation of the service or lower it in public esteem |
| 3 | Crimes and offenses not capital | Every element of the federal statute (or, under the Federal Assimilative Crimes Act, 18 U.S.C. § 13, of the assimilated state law), and that the offense is not capital |
The requirement in clauses 1 and 2 is called the terminal element. Under ¶ 91.c(6), the specification must expressly allege it; both clauses may be alleged, but proof of one satisfies the element. A breach of a custom of the service can be a clause 1 offense, but customs that now appear in punitive regulations are charged under Article 92 instead (¶ 91.c(2)(b)).
Clause 3 brings in state law through the Assimilative Crimes Act: on a military installation under exclusive or concurrent federal jurisdiction, conduct not defined by federal law, including the UCMJ, can be prosecuted as a violation of the noncapital criminal law of the state where the installation sits (¶ 91.c(4)).
The enumerated offenses
Part IV of the 2024 Manual lists these Article 134 offenses, each with its own elements, terminal element, and maximum:
| ¶ | Offense | Maximum (all include the listed confinement) |
|---|---|---|
| 92 | Animal abuse | BCD, 1 year; public animal, BCD, 2 years; sexual act with an animal or serious injury or death, DD, 5 years |
| 93 | Bigamy | DD, 2 years |
| 94 | Worthless check, dishonorably failing to maintain funds | BCD, 6 months |
| 95 | Child pornography | DD, 10 years (possess, receive, view); 15 (possess with intent to distribute); 20 (distribute); 30 (produce) |
| 96 | Debt, dishonorably failing to pay | BCD, 6 months |
| 97 | Disloyal statements | DD, 3 years |
| 98 | Disorderly conduct, drunkenness | 1 month to BCD and 6 months, by tier |
| 99 | Extramarital sexual conduct | DD, 1 year |
| 100 | Negligent discharge of a firearm | 3 months, forfeiture of two-thirds pay for 3 months |
| 101 | Fraternization | Dismissal, 2 years |
| 102 | Gambling with a subordinate | 3 months, forfeiture of two-thirds pay for 3 months |
| 103 | Negligent homicide | DD, 3 years |
| 104 | Indecent conduct | DD, 5 years |
| 105 | Indecent language | To a child under 16, DD, 2 years; other cases, BCD, 6 months |
| 106 | Prostitution and patronizing | DD, 1 year; pandering, DD, 5 years |
| 107 | Self-injury without intent to avoid service | DD, 2 years; in war or a hostile fire pay zone, 5 years |
| 107a | Sexual harassment | DD, 2 years |
| 108 | Straggling | 3 months, forfeiture of two-thirds pay for 3 months |
BCD means bad-conduct discharge; DD means dishonorable discharge; forfeiture of all pay and allowances accompanies each punitive discharge.
Six of these offenses have their own pages here: bigamy, dishonorably failing to pay just debts, disloyal statements, drunk and disorderly conduct, indecent language, and straggling.
Two of these offenses are “covered offenses” handled by special trial counsel: child pornography, and sexual harassment in each instance in which a formal complaint is made and substantiated under service regulations, for offenses after January 1, 2025 (10 U.S.C. § 801(17)(A)).
Conduct that is not listed
Conduct that fits none of the enumerated offenses may still be charged under clause 1 or 2 with a specification not found in the Manual (¶ 91.c(6)(a)). Its maximum punishment comes from R.C.M. 1003(c)(1)(B):
- If the offense is included in or closely related to a listed offense, it takes that offense’s maximum; if it is equally close to two or more, the least severe.
- If it is not included in or closely related to any listed offense, it is punishable as the United States Code or the custom of the service authorizes. A federal statutory term of 1 year or more brings a dishonorable discharge and total forfeitures; 6 months to under 1 year, a bad-conduct discharge.
Two limits: preemption and capital offenses
The preemption doctrine “prohibits application of Article 134 to conduct covered by Articles 80 through 132” (¶ 91.c(5)(a)). The Manual’s example: if a larceny lacks the required intent, there is no larceny offense under Article 121 and none can be created under Article 134 either. For clause 3 federal crimes, preemption applies where legislative language or history shows that Congress intended a UCMJ article to cover the class of offenses completely. And the Manual states: “A capital offense may not be tried under Article 134” (¶ 91.c(5)(b)).
Offenses once charged under Article 134 that now have their own articles include obstructing justice (Article 131b), communicating threats (Article 115), and reckless endangerment (Article 114). For conduct after January 1, 2019, those are charged under the specific article, without the terminal element.
Sources
- 10 U.S.C. § 934, Article 134, General article (Cornell LII)
- 10 U.S.C. § 801, Article 1, Definitions, paragraph (17) (Cornell LII)
- Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶¶ 91-108; Part II, R.C.M. 1003(c)(1)(B)
General information about military law, not legal advice for any individual case.