AFMentor | Bookmark | Search | Mail Page | Comment


PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Assault - Incident

Source: Internal (UCMJ) or external at constitution.org

The UCMJ is the derived source of this information.  The information below is for illustration and educational purposes only and may not reflect the most recent changes.  Please refer to your Legal Office or Area Defense Counsel for legal advice.

Text.

See Paragraph 60 (Article 134 - General Article).

Elements.

(1) That the accused assaulted a certain person not the spouse of the accused in a certain manner;

(2) That the acts were done with the intent to gratify the lust or sexual desires of the accused; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation. See paragraph 54c for a discussion of assault. Specific intent is an element of this offense. For a definition of “indecent”, see paragraph 90c.

Lesser included offenses.

(1) Article 128—assault consummated by a battery; assault

(2) Article 134—indecent acts

(3) Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.







Click here to submit your information.
Send a Comment and/or Suggestion

 
Page added on: 18 Jun 2007
All rights reserved. View Terms and Conditions of Use.
Revised: 10/21/09.