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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Cohabitation, Wrongful

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, during a certain period of time, the accused and another person openly and publicly lived together as husband and wife, holding themselves out as such;

(2) That the other person was not the spouse of the accused;

(3) 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 differs from adultery (see paragraph 62) in that it is not necessary to prove that one of the partners was married or that sexual intercourse took place. Public knowledge of the wrongfulness of the relationship is not required, but the partners must behave in a manner, as exhibited by conduct or language, that leads others to believe that a martial relationship exists.

Lesser included offense. Article 80—attempts

Maximum punishment. Confinement for 4 months and forfeiture of two-thirds pay per month for 4 months.







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Page added on: 18 Jun 2007
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Revised: 10/21/09.