Structure
The UCMJ is found in Title 10, Subtitle A, Part II, Chapter 47 of the United States Code.
| Subchapter | Title | Section | Article |
|---|---|---|---|
| I | General Provisions | § 801 | 1 |
| II | Apprehension and Restraint | § 807 | 7 |
| III | Non-Judicial Punishment | § 815 | 15 |
| IV | Court-Martial Jurisdiction | § 816 | 16 |
| V | Composition of Courts-Martial | § 822 | 22 |
| VI | Pre-Trial Procedure | § 830 | 30 |
| VII | Trial Procedure | § 836 | 36 |
| VIII | Sentences | § 855 | 55 |
| IX | Post-Trial Procedure and Review of Courts-Martial | § 859 | 59 |
| X | Punitive Articles | § 877 | 77 |
| XI | Miscellaneous Provisions | § 935 | 135 |
| XII | Court of Appeals for the Armed Forces | § 941 | 141 |
General Provisions
Subchapter I, “General Provisions” has six sections (articles):
| Section | Article | Title |
|---|---|---|
| § 801 | 1 | Definitions |
| § 802 | 2 | Persons subject to this chapter |
| § 803 | 3 | Jurisdiction to try certain personnel |
| § 804 | 4 | Dismissed officer’s right to trial by court-martial |
| § 805 | 5 | Territorial applicability of this chapter |
| § 806 | 6 | Judge advocates and legal officers |
| § 806a | 6a | Investigation and disposition of matters pertaining to the fitness of military judges |
Article 1, “Definitions”, defines terms used in the rest of the UCMJ: “Judge Advocate General”, “the Navy, the Marine Corps and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force”, “officer in charge”, “superior commissioned officer”, “cadet”, “midshipman”, “military”, “accuser”, “military judge”, “law specialist”, “legal officer”, “judge advocate”, “record”, “classified information” and “national security”.10 U.S.C. § 801 (Article 1. Definitions)
Pre-Trial Procedure
| Section | Article | Title |
|---|---|---|
| § 830. | 30 | Charges and specifications |
| § 831 | 31 | Compulsory self-incrimination prohibited |
| § 832 | 32 | Investigation |
| § 833 | 33 | Forwarding of charges |
| § 834 | 34 | Advice of staff judge advocate and reference for trial |
| § 835 | 35 | Service of charges |
Under Article 31, coercive self-incrimination is prohibited as a right under the Fifth Amendment. Arresting officers utilize the Article 31 warning and waiver as a means to prevent this self-incrimination, much like the Miranda warning. Article 31 was already well-established before Miranda.
Article 32 refers to the pre-trial investigation and hearing conducted before charges are referred to trial for court-martial. It may be conducted by a Judge Advocate General officer or non JAG officer.
Punitive Articles
Subchapter X, “Punitive Articles,” is the subchapter that details offenses under the uniform code:
| Section | Article | Title |
|---|---|---|
| § 877 | 77 | Principals |
| § 878 | 78 | Accessory after the fact |
| § 879 | 79 | Conviction of lesser included offense. |
| § 880 | 80 | Attempts |
| § 881 | 81 | Conspiracy |
| § 882 | 82 | Solicitation |
| § 883 | 83 | Fraudulent enlistment, appointment, or separation |
| § 884 | 84 | Unlawful enlistment, appointment, or separation |
| § 885 | 85 | Desertion |
| § 886 | 86 | Absence without leave |
| § 887 | 87 | Missing movement |
| § 888 | 88 | Contempt toward officials |
| § 889 | 89 | Disrespect toward superior commissioned officer |
| § 890 | 90 | Assaulting or willfully disobeying superior commissioned officer |
| § 891 | 91 | Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer |
| § 892 | 92 | Failure to obey order or regulation |
| § 893 | 93 | Cruelty and maltreatment |
| § 894 | 94 | Mutiny or sedition |
| § 895 | 95 | Resistance, flight, breach of arrest, and escape |
| § 896 | 96 | Releasing prisoner without proper authority |
| § 897 | 97 | Unlawful detention |
| § 898 | 98 | Noncompliance with procedural rules |
| § 899 | 99 | Misbehavior before the enemy |
| § 900 | 100 | Subordinate compelling surrender |
| § 901 | 101 | Improper use of countersign |
| § 902 | 102 | Forcing a safeguard |
| § 903 | 103 | Captured or abandoned property |
| § 904 | 104 | Aiding the enemy |
| § 905 | 105 | Misconduct as prisoner |
| § 906 | 106 | Spies |
| § 906a | 106a | Espionage |
| § 907 | 107 | False official statements |
| § 908 | 108 | Military property of United States—Loss, damage, destruction, or wrongful disposition |
| § 909 | 109 | Property other than military property of United States—waste, spoilage, or destruction |
| § 910 | 110 | Improper hazarding of vessel |
| § 911 | 111 | Drunken or reckless operation of a vehicle, aircraft, or vessel |
| § 912 | 112 | Drunk on duty |
| § 912a | 112a | Wrongful use, possession, etc., of controlled substances |
| § 913 | 113 | Misbehavior of sentinel |
| § 914 | 114 | Dueling |
| § 915 | 115 | Malingering |
| § 916 | 116 | Riot or breach of peace |
| § 917 | 117 | Provoking speeches or gestures |
| § 918 | 118 | Murder |
| § 919 | 119 | Manslaughter |
| § 919 | 119a | Death or injury of an unborn child |
| § 920 | 120 | Rape and carnal knowledge |
| § 920a | 120a | Stalking |
| § 921 | 121 | Larceny and wrongful appropriation |
| § 922 | 122 | Robbery |
| § 923 | 123 | Forgery |
| § 923a | 123a | Making, drawing, or uttering check, draft, or order without sufficient funds |
| § 924 | 124 | Maiming |
| § 925 | 125 | Sodomy |
| § 926 | 126 | Arson |
| § 927 | 127 | Extortion |
| § 928 | 128 | Assault |
| § 929 | 129 | Burglary |
| § 930 | 130 | Housebreaking |
| § 931 | 131 | Perjury |
| § 932 | 132 | Frauds against the United States |
| § 933 | 133 | Conduct unbecoming an officer and a gentleman |
| § 934 | 134 | General article |
Note that Article 134 encompasses offenses that are not specifically listed in the Manual for Courts-Martial: 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. Article 134 is often considered to be a “catch-all” for various offenses that aren’t necessarily covered by the other articles in the UCMJ. Article 134 offenses include disloyal statements, abusing public animal, adultery, bigamy, bribery and graft, drinking liquor with prisoner, fleeing scene of accident, fraternization, gambling with subordinate, et al. It reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc.