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UCMJ Adultery Laws

Adultery whether it is in or out of the military service i in many states is illegal. Adultery in the military is prosecuted under Article 134, which is many times known as the “General Article”. Article 134 forbids any conduct that brings dishonor upon the armed forces, or conduct which is harmful to good order and discipline. Read below where Experts provide legal answers to the top commonly asked questions regarding article 134, and adultery in the military.

Under the Uniform Code of Military Justice what defines committing adultery?

Adultery is defined as a person that has been accused of sexual intercourse with another person and at that time the accused person or the other person was married to someone else. According to UCMJ adultery is also 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.”

If someone has committed adultery in the military and then separated from the military can they still be prosecuted for adultery in the military?

While this is possible, in many situations to recall a member to active duty for a trial it is not likely be for adultery. When a person has entered the military normally under a “split” contract, which is 4 years active and 4 years into the Individual Ready Reserve (IRR). When a person finishes their active contract and then enters into the IRR, that person can be recalled, but many times not for adultery.

How can someone report adultery in the military?

In the military, criminal actions are decided by the commander. That means that the commander of the solider in the illegal behavior has to be informed, so that the person can make the decision on what to do. They can report these criminal behaviors to the military police on base, the Judge Advocate General, the Criminal Investigation Division or any other legal entities on the military, and they will contact the commander. It is best to find out who the commander of the soldier is and report the actions to that person as well.

What are the stipulations on adultery in the military if both parties are separated and one is just waiting for the divorce to be finalized?

The stipulations would include that it will still be considered adultery under Article 134 of the Uniform Code of Military Justice. The commander is allowed to consider that the two parties are separated and that the divorce has been filed, the strict rule of the law is that the parties are still considered married until the divorce is finalized and the commander can still legally charge both parties of committing adultery during this time.

If a Marine is having sexual relations with a former marine’s wife is this considered adultery? If so what are the penalties for this?

This would qualify as adultery in the military. There are two ways that the military will recognize adultery:

1. A married soldier having sexual relations with someone that is not their spouse
2. A soldier who is single is having sexual relations with someone that is married, whether they are or not they have a military connection.

The penalties will all depend on what the commander decides on what they should do. It could range anywhere from nothing at all, all the way down to court martial with the possible intent for a dishonorable discharge, forfeiture of all pay and confinement for one year. The commander could just simply give a non-judicial punishment and then use it as a basis for administrative separation. There are many penalties when dealing with adultery in the military. Contact Legal Experts on JustAnswer for more penalties a person can face when being charged with adultery.

When a person faces adultery in the military whether they are the person being accused of this, or they are the victim. Many questions come about such as what is military adultery punishment, or what is the penalty for adultery in the military and how to a person can go about proving adultery in the military. Experts have many years of experience in dealing with military laws and regulations. Contact an Expert today where they can provide legal questions to many specific and complex questions.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11978
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Adultery Questions

  • Can someone who is an IMA reservist and who committed adultery

    Can someone who is an IMA reservist and who committed adultery while not on orders with an active duty military member be charged under the UCMJ for this offense?
  • My son is a Captian in the Marine Corps and is being charged

    My son is a Captian in the Marine Corps and is being charged with adultery and abuse from his wife through his command and in civilian court. He has a restraining order. and cannot see his daughter. We are in California. I think his wife is unbalanced and possibly suffering from postpartum phycosist.
  • one military lawyer says not to talk to the defense attorney

    one military lawyer says not to talk to the defense attorney and prosecutor. The prosecutor is saying that I have to testify at the article 32 hearing. So what should I do? The lawyer said to keep my shut but prosecutor says that I have to testify at the article 32 hearing then what are my rights about self incriminating myself if certain questions are going to put me on the pedestal? Do i say "I invoke article 31"? Once i say I invoke article 31, will someone try and dig deeper to find out what it is? Then eventually I'm being accused of that crime that i decided to invoke my rights for. The case I'm being asked to testify has no relevance to sexual assault but the defense counsel and prosecutor is questioning me on Fraternization and Adultery.
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