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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Threat Or Hoax: Bomb

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) Bomb threat.

(a) That the accused communicated certain language;

(b) That the language communicated amounted to a threat;

(c) That the harm threatened was to be done by means of an explosive;

(d) That the communication was wrongful; and

(e) 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.

(2) Bomb hoax.

(a) That the accused communicated or conveyed certain information;

(b) That the language or information concerned an attempt being made or to be made by means of an explosive to unlawfully kill, injure, or intimidate a person or to unlawfully damage or destroy certain property;

(c) That the information communicated by the accused was false and that the accused then knew it was false;

(d) That the communication of the information by the accused was malicious; and

(e) 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.

(1) Threat. A “threat” is an expressed present determination or intent to kill, injure, or intimidate a person or to damage or destroy certain property presently or in the future. Proof that the accused actually intended to kill, injure, intimidate, damage, or destroy is not required. See also paragraph 110.

(2) Malicious. A communication is “malicious” if the accused believed that the information would probably interfere with the peaceful use of the building, vehicle, aircraft, or other property concerned, or would cause fear or concern to one or more persons.

(3) Explosive. See R.C.M. 103(11) in the Manual Of Courts Martials (linked to a 3.5M PDF).

Lesser included offenses.

(1) Bomb threat.

(a) Article 134—communicating a threat

(b) Article 80—attempts

(2) Bomb hoax. Article 80—attempts

Maximum punishment. Bomb threat and bomb hoax: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.







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