Article 134 | Indecent Conduct

Facing an Article 134 Allegation for Indecent Conduct? Don’t go it alone.  Military Law Center can help.

Article 134, UCMJ, (Indecent Conduct) is part of the general article preventing behaviors that go against good order and discipline, and all conduct that beings discredit upon the armed forces.

Elements:

• That the accused engaged in certain conduct;
• That, under the circumstances, the conduct of the accused was either:
  • To the prejudice of good order and discipline in the armed forces;
  • Was of a nature to bring discredit upon the armed forces; or
  • Both.

The terms found within the statute above in Article 134 (Indecent Conduct) have specific definitions to help explain the crime.  The following definitions apply:

Indecent: Indecent means that form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

Indecent conduct includes offenses previously proscribed by “Indecent Acts with another” except that the presence of another person is no longer required.

For purposes of Article 134 (Indecent Conduct), the words “conduct” and “act” are the same.

For child offenses, some indecent conduct may be included in the definition of lewd act and preempted by Article 120b(c).

An Article 134 charge at court-martial is serious, can stop a military career, and even warrant brig time and a dishonorable discharge.  Even an indecent conduct allegation at an administrative separation can cause a massive headache for service members.  But there are defenses available to fight the accusation.  The first issue to address is whether the service member received fair notice that the misconduct is forbidden and subject to criminal sanctions.

• Failure to State an Offense: As prosecutors often add the Article 134 charge in addition to other misconduct, they tend to assume the indecent conduct is obvious.  But a knowledgeable defense attorney will immediately file a motion with the court requesting the charge be dismissed for failing to state an offense.
• Void for Vagueness: Government prosecutors will also alleged a convoluted theory for how the indecent conduct in question violates the UCMJ.  Attacking the charge and specification for being void for vagueness is another defense strategy to employ.
• No Proof Beyond a Reasonable Doubt: Often, the indecent conduct allegation comes down to the judgement of the factfinders.  What do those on the jury believe was indecent?  Showing the conduct in question was not indecent or that it failed to prejudice the good order and discipline of the armed forces is a method to attack the government’s burden of proof.

The military justice system is complex, and the stakes are high. A conviction under Article 134 can derail your career, impact your security clearance, and even lead to jail time. You Need a Fighter in Your Corner. Contact Military Law Center today for a FREE consultation.

The maximum punishment for Article 134 is a dishonorable discharge, confinement for five years, total forfeitures of pay and allowances.

The potential penalties for an offense in the military under Article 134 (Indecent Conduct) vary on the specification charged by the prosecution. A court-martial can impose a range of punishments, including:

• Confinement: The accused may face imprisonment for a period up to five years determined by the court-martial.
• Reduction in rank: This could involve a demotion to a lower rank.
• Forfeiture of pay and allowances: The accused may lose a portion of their military pay and benefits.
• Reprimand or admonition: These are punishments involving official censure of the accused’s actions.

The specific maximum punishment for an Article 134 offense will depend on how the government presents its case and how many separate specifications the service member is facing.  Our attorneys at the Military Law Center can help estimate your maximum exposure for your case during a free consultation.

The military has the option of charging an accused with Article 134 (Indecent Conduct) offenses at a court martial or choosing to use the administrative separation process.  All military services prohibit indecent conduct.  An administrative separation for Article 134 offenses is a more challenging environment for an accused to win because the burden of proof is much lower than that required at a court martial.

Despite the easier burden for the government, attorneys at the Military Law Center have successfully defended service members facing indecent conduct allegations.  With diligent investigation and excellent courtroom presence, our attorneys have defeated these allegations in the past.  By strategically planning a defense, preparing early, and critically analyzing the evidence, our administrative discharge board attorneys can help get your military career back on track.

When a service member is arrested for a crime or becomes “titled” in a law enforcement investigation, their security clearance may be in jeopardy.  Service members may receive a Request for Supplemental Information (RSI) from the Defense Counterintelligence and Security Agency (DSCA).  DSCA is required to review a service member’s eligibility for an active security clearance when they are charged with or convicted of any criminal offenses (excluding traffic violations that do not involve alcohol or drugs, resulting in fines less than $300) since the last investigation pursuant to DoDM 5200.02. 

As any response to DSCA may be used against a service member later at a administrative separation, board of inquiry, or court martial, it is paramount to consult with a qualified military law attorney with experience handling security clearance issues.  Effective responses to a request for supplemental information will use the 2017 National Security Adjudicative Guidelines, Security Executive Agent Directive 4.

An arrest and conviction for indecent conduct will often have devastating consequences beyond the courtroom. It may damage your reputation within the military, stall your career progression, and potentially hinder future job opportunities in the civilian sector.

Additionally, service members may be precluded from ownership, receipt, or transport of any firearm that has been transported in interstate or foreign commerce under 18 U.S.C. § 922(g)(6) when the accused separates from the military with a dishonorable discharge or is convicted of an offense punishable with more than one year of confinement.

Facing an Article 134 (Indecent Conduct) accusation can be terrifying.  It probably feels like your world is caving in.  At Military Law Center, our committed attorneys understand the challenges you’re facing, and we’re here to help. Here’s what sets us apart:

• Experienced Military Defense Lawyers:
  Our team is comprised of former military judge advocates (JAGs) with a deep understanding of military law and the UCMJ. We’ve successfully defended countless service members facing all kinds of allegations, and we know how to litigate the complexities of enlisted and officer misconduct cases in the military justice realm from start to finish.
• Personalized Attention:
  We care for every client as an individual.  We’ll take the time to understand your specific situation and develop a personalized defense strategy, to include rehabilitation options, designed to achieve the best possible outcome.
• Aggressively Protecting Your Rights:
  We’re committed to fighting for your rights and ensuring you receive fair treatment throughout the legal process. We’ll investigate all available defenses and work tirelessly to protect your career and reputation.
• Clear Communication:
  We understand legal terms can be confusing. We’ll keep you informed about the progress of your case and explain everything in clear, understandable terms.
• Free Consultation:
  We offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.

Don’t Face Article 134 Allegations Alone. Build a Team.

An Article 134 charge can take away your gun rights and security clearance, stall your military career, and damage your personal and professional reputation. But you don’t have to fight by yourself. Military Law Center has a proven track record of successfully defending service members facing the most serious charges like indecent conduct and getting them the help they need. Our experienced military law attorneys understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Contact Military Law Center today for a free consultation. We’ll stand by your side and fight for you. Call us Today – (760) 536-9038