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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Gambling With Subordinate

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 gambled with a certain service member;

(2) That the accused was then a noncommissioned or petty officer;

(3) That the service member was not then a non-commissioned or petty officer and was subordinate to the accused;

(4) That the accused knew that the service member was not then a noncommissioned or petty officer and was subordinate to the accused; and

(5) 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.  This offense can only be committed by a noncommissioned or petty officer gambling with an enlisted person of less than noncommissioned or petty officer rank. Gambling by an officer with an enlisted person may be a violation of Article 133. See also paragraph 83.

Lesser included offenses. Article 80—attempts

Maximum punishment. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.







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Revised: 10/21/09.