What is an Article 134 offense?

An Article 134 offense is a criminal offense under the Uniform Code of Military Justice (UCMJ) that applies to members of the United States military. Article 134 offenses normally involve violations of the military’s unique standards for professional and personal conduct, such as fraternization, maltreatment, and disrespectful conduct. Article 134 offenses are prosecuted by a court-martial, which is a military trial involving a panel of officers. Under New York state law, all active-duty military personnel are subject to the UCMJ, even while stationed in New York. If a service member commits an Article 134 offense, the military may choose to prosecute the case in New York or in the service member’s home state. If the service member chooses to be tried in New York state, the New York court system will serve as the court-martial. Article 134 offenses can range in severity from minor misconduct violations to major criminal acts. The possible punishments for these offenses are also varied and can range from a reprimand or a reduction in rank to a dishonorable discharge or even a prison sentence. It is important that service members understand the consequences of their actions both on and off-duty, regardless of their location. While state laws and the UCMJ may differ, service members must remember that they are still held to the same standards of conduct.

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