What is Article 77 of the UCMJ?

What is Article 77 of the UCMJ?

Article 77 of the Uniform Code of Military Justice defines no offense and specifies no punitive charges that may be brought against a service member. Its sole purpose is to “make clear that a person need not personally perform the acts necessary to constitute an offense to be guilty of it.”

What is Article 129 of the UCMJ?

Understanding Article 129 (Burglary; Unlawful Entry) of the UCMJ. Article 129 combines and consolidates the crimes of burglary, housebreaking, and unlawful entry. The offense of burglary requires the accused to have committed the offense with intent to commit a punishable offense.

What is Article 88 of the UCMJ?

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or …

What is UCMJ 79?

Article 79 of the UCMJ gives the U. S. Government far reaching powers to convict service members with additional offenses beyond what they are charged with, known as lesser included offenses (LIOs).

What is Article 89 of the UCMJ?

Article 89 — Disrespect toward a superior commissioned officer. a. Text. “Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.”

What is Article 90 of the UCMJ?

Article 90 Definitions for UCMJ Article 90 defines disobeying an order as including four elements: The officer in question issued a lawful order to the accused. The officer in question is a superior commissioned officer of the accused. The accused willfully disobeyed the officer’s lawful command.

What is Article 86 of the UCMJ?

Any failure by a member of the United States Armed Forces to appear before his unit, organization, or place of duty at the prescribed time and without authority will be subject to Article 86 of the UCMJ: Absence without Leave.

What is Article 120 of the UCMJ?

Article 120 is the military statute which defines rape, aggravated sexual assault, aggravated sexual contact, and abusive sexual contact. These offenses include different types of unlawful, forced sexual activities on another person. Charges related to sexual misconduct involving a minor fall under Article 120b.

When is a court martial preferred for an UCMJ offense?

A court-martial charge was preferred (initiated) for at least one of the offenses punishable by Articles 120 and 125 of the UCMJ (sections 920 and 925 of title 10, U.S.C.), or an attempt to commit an Article 120 or 125, UCMJ offense that would be charged as a violation of Article 80 of the UCMJ ( section 880 of title 10, U.S.C.).

What are the Articles of the UCMJ law?

The UCMJ is a federal law, enacted by Congress. The UCMJ articles define in detail specific outlawed offenses and their repercussions for service members. UCMJ Article 78: Accessory After the Fact The accused must have had knowledge of the crime committed and must have done something to benefit the offender AFTER the crime was committed.

Can a conspiracy be a violation of the UCMJ?

The objective of the conspiracy must be a violation of the UCMJ and the act itself must be an incident separate from the agreement. The offense may or may not be criminal, but it must be a result of the agreement between the parties involved. Learn More UCMJ Article 82: Soliciting Commission of Offenses

What does the UCMJ say about aiding the enemy?

UCMJ Article 103b: Aiding the Enemy Aiding or attempting to aid the enemy refers to the transfer of arms, ammunition, supplies, money, etc. to an enemy, this does not include the furnishing of subsistence, quarters, comforts, or aid that is lawfully entitled to prisoners of war.