Us Code § 934 - Art. 134. General article
Full text of Us Code United States Code § 934 — Art. 134. General article, with citation guidance and answers to common questions.
§ 934. Art. 134. General article
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. As used in the preceding sentence, the term "crimes and offenses not capital" includes any conduct engaged in outside the United States, as defined in section 5 of title 18, that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18.
(Aug. 10, 1956, ch. 1041, 70A Stat. 76; Pub. L. 114–328, div. E, title LX, §5451, Dec. 23, 2016, 130 Stat. 2958.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 934 | 50:728. | May 5, 1950, ch. 169, §1 (Art. 134), 64 Stat. 142. |
The words "shall be" are inserted before the word "punished".
Editorial Notes
Amendments
2016—Pub. L. 114–328 inserted at end "As used in the preceding sentence, the term 'crimes and offenses not capital' includes any conduct engaged in outside the United States, as defined in section 5 of title 18, that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18."
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Inclusion of Sexual Harassment as General Punitive Article
Pub. L. 117–81, div. A, title V, §539D, Dec. 27, 2021, 135 Stat. 1699, provided that:
"(a)
"(1) prescribe regulations establishing sexual harassment, as described in this section, as an offense punishable under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice); and
"(2) revise the Manual for Courts-Martial to include such offense.
"(b)
"(1) that the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
"(2) that such conduct was unwelcome;
"(3) that, under the circumstances, such conduct—
"(A) would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of that person's job, pay, career, benefits, or entitlements;
"(B) would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person's job, pay, career, benefits, or entitlements; or
"(C) was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and
"(4) that, under the circumstances, the conduct of the accused was—
"(A) to the prejudice of good order and discipline in the armed forces;
"(B) of a nature to bring discredit upon the armed forces; or
"(C) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces."
SUBCHAPTER XI—MISCELLANEOUS PROVISIONS
| Sec. | Art. | |
|---|---|---|
| 935. | 135. | Courts of inquiry. |
| 936. | 136. | Authority to administer oaths. |
| 937. | 137. | Articles to be explained. |
| 938. | 138. | Complaints of wrongs. |
| 939. | 139. | Redress of injuries to property. |
| 940. | 140. | Delegation by the President. |
| 940a. | 140a. | Case management; data collection and accessibility. |
Editorial Notes
Amendments
2017—Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, made technical amendment to Pub. L. 114–328, §5541(7). See 2016 Amendment note below.
2016—Pub. L. 114–328, div. E, title LXIII, §5541(7), Dec. 23, 2016, 130 Stat. 2967, as amended by Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), Dec. 12, 2017, 131 Stat. 1601, added item 940a and substituted "Authority to administer oaths" for "Authority to administer oaths and to act as notary" in item 936.
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10 U.S.C. § 934 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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