ARTICLES OF THE UCMJ General Provisions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Definitions Persons subject to the UCMJ Jurisdiction to try certain personnel Dismissed Officer’s right to trial by court martial Territorial applicability of UCMJ Judge advocates & legal officers Apprehension Apprehension of deserters Imposition of restraint Restraint of persons charged with offense Reports and receiving of prisoners Confinement with enemy prisoners prohibited Punishment prohibited before trial Delivery of offenders to civil authorities Commanding officer’s non-judicial punishment Courts-martial classified Jurisdiction of courts-martial in general Jurisdiction of general courts-martial Jurisdiction of special “ “ Jurisdiction of summary “ “ Jurisdiction of courts-martial not exclusive Who may convene general courts-martial? Who may convene special courts-martial? Who “ “ summary “ “ Who may serve on a courts-martial Military judge of a general or special courts-martial Detail of trial counsel and defense counsel Detail or employment of reporters and interpreters Absent and additional members Charges and specifications Compulsory self-incrimination prohibited Investigations Forwarding of charges Advice of staff judge advocate and reference for trial Service of charges President may prescribe rules Unlawfully influencing actions of court Duties of trial counsel & defense counsel Sessions Continuances Challenges Oaths Statute of limitations Former jeopardy 45 46 47 48 49 50 51 52 53 54 55 56 57 58 58a 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 76a Pleas of the accused Opportunity to obtain witnesses and other evidence Refusal to appear or testify Contempt Depositions Admissibility of records of courts of inquiry Voting and rulings Number of votes required Court to announce actions Record of trial Cruel & unusual punishments prohibited Maximum limits Effective date of sentence Execution of confinement Sentences: Reduction in enlisted grades upon approval Error of law; Lesser included offense Action by the convening authority Waiver or withdrawal of appeal Appeal of the United States Rehearings Review by a judge advocate Disposition of records Review by court of military review Review by court of military appeals Branch offices Review in the office of the judge advocate general (JAG) Appellate counsel Execution of sentence; suspension of sentence Vacation of suspension Petition for a new trial Remission & suspension Restoration Finality of proceedings, findings, & sentences Leave required to be taken pending review of certain courts-martial convictions Punitive Provisions 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 106a 107 108 109 110 111 112 112a 113 114 115 116 117 118 119 120 121 122 123 Principals Accessory after the fact Conviction of lesser-included offenses Attempts (to commit an offense) Conspiracy Solicitation (to commit an offense) Fraudulent enlistment, appointment or separation Effecting unlawful enlistment, appointment, or separation Desertion AWOL Missing movement (of ship, aircraft or unit) Contempt toward officials Disrespect toward a superior commissioned officer Assaulting or willfully disobeying superior commissioned officer Insubordinate conduct toward warrant officer, NCO, or petty officer Failure to obey order or regulation Cruelty and maltreatment Mutiny and sedition Resistance, breach of arrest, and escape Releasing prisoner without proper authority Unlawful detention Noncompliance with procedural rules Misbehavior before the enemy Subordinate compelling surrender Improper use of countersign Forcing a safeguard Captured or abandoned property Aiding the enemy Misconduct as a prisoner Spies Espionage False official statements Military property of the US - sale, loss, damage, destruction, or wrongful disposition Property other than property of the United States - waste, spoilage, or destruction Improper hazarding of vessel Drunken or reckless driving Drunk on duty Wrongful use, possession, etc of controlled substances Misbehavior of sentinel or lookout Dueling Malingering Riot or breach of peace Provoking speeches or gestures Murder Manslaughter Rape and carnal knowledge Larceny and wrongful appropriation Robbery Forgery 123a 124 125 126 127 128 129 130 131 132 133 134 Making, drawing, or uttering check, draft, or order without sufficient funds Maiming Sodomy Arson Extortion Assault Burglary Housebreaking Perjury Frauds against the United States Conduct unbecoming an officer and gentleman General article* abusing public animal, adultery, assault(indecent), assault(with intent to commit murder), bigamy, bribery & graft, worthless checks, wrongful cohabitation, failing to pay debts disloyal statements, disorderly conduct, drunkenness, false or unauthorized pass offenses, false pretenses, false swearing, discharging firearm through negligence, fleeing scene of an accident, fraternization, gambling with subordinate, negligent homicide, impersonating officers/NCO, indecent acts or liberties with child, indecent exposure indecent language, abuses of mail system, obstructing justice, pandering/prostitution, breaking restriction, straggling, threat or hoax, communicating a threat, unlawful entry, carrying a concealed weapon, kidnapping, perjury, selfinjury w/out intent to avoid service, knowingly receiving/buying/concealing stolen property, wearing unauthorized insignia/ decoration/badge/ribbon/device/or lapel button, willfully discharging firearm (under such circumstances as to endanger human life) Miscellaneous provisions 135 Courts of inquiry 136 Authority to administer oaths and to act as a notary 137 Articles to be explained 138 Complaints of wrongs 139 Redress of inquiries to property 140 Delegation by the president