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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 114 - Dueling

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.

“Any person subject to this chapter who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority, shall be punished as a court-martial may direct.”

Elements.

(1) Dueling.

(a) That the accused fought another person with deadly weapons;

(b) That the combat was for private reasons; and

(c) That the combat was by prior agreement.

(2) Promoting a duel.

(a) That the accused promoted a duel between certain persons; and

(b) That the accused did so in a certain manner.

(3) Conniving at fighting a duel.

(a) That certain persons intended to and were about to engage in a duel;

(b) That the accused had knowledge of the planned duel; and

(c) That the accused connived at the fighting of the duel in a certain manner.

(4) Failure to report a duel.

(a) That a challenge to fight a duel had been sent or was about to be sent;

(b) That the accused had knowledge of this challenge; and

(c) That the accused failed to report this fact promptly to proper authority.

Explanation.

(1) Duel. A duel is combat between two persons for private reasons fought with deadly weapons by prior agreement.

(2) Promoting a duel. Urging or taunting another to challenge or to accept a challenge to duel, acting as a second or as carrier of a challenge or acceptance, or otherwise furthering or contributing to the fighting of a duel are examples of promoting a duel.

(3) Conniving at fighting a duel. Anyone who has knowledge that steps are being taken or have been taken toward arranging or fighting a duel and who fails to take reasonable preventive action thereby connives at the fighting of a duel.

Lesser included offense. Article 80—attempts

Maximum punishment. For all Article 114 offenses: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year







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Revised: 10/21/09.