Uniform Code of Military Justice, punitive articles
Every punitive article on its own tag
Each page takes one article of the Code: what it covers, what must be proved, and where it sits beside the articles around it.
- Articles 77 to 116
- 50 articles
- 2 guides
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Each tag is one article, in the order of the Code.
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AR 15-6 Investigations and What Service Members Actually Need to Know
Army Regulation 15-6, dated and effective June 22, 2025, sets the procedures for three kinds of Army administrative fact-finding: preliminary inquiries, administrative investigations, and boards of officers. These proceedings are administrative, not criminal. The standard of proof is a preponderance of the evidence, and approved findings can support adverse administrative action; for officers in grade O-1 and above (not warrant officers), approved adverse findings are also entered in the Army Adverse Information Program (AAIP) and furnished to promotion selection boards. What rights a person has depends on the procedure used and on whether that person is a witness, a subject, or a respondent. In the regulation's terms, a subject is someone about whom some credible evidence suggests involvement that could lead to disciplinary or administrative action, and a respondent is someone the appointing authority designates for a hearing before a board.
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UCMJ Punitive Articles: A Guide to Articles 77 Through 134
The punitive articles of the Uniform Code of Military Justice are Articles 77 through 134 (10 U.S.C. §§ 877-934). All of them define offenses except Article 77 (principals) and Article 79 (lesser included offenses), which set rules for liability and findings rather than creating crimes. For each offense, the Manual for Courts-Martial (2024 edition), Part IV, lists the elements and the maximum punishment. This guide lists every punitive article from 77 to 134 with its Manual paragraph and links to the detailed pages on this site for Articles 77 through 116.
The roll, newest first
Every page of the site, newest first. Page 1 of 3.
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AR 15-6 Investigations and What Service Members Actually Need to Know
Army Regulation 15-6, dated and effective June 22, 2025, sets the procedures for three kinds of Army administrative fact-finding: preliminary inquiries, administrative investigations, and boards of officers. These proceedings are administrative, not criminal. The standard of proof is a preponderance of the evidence, and approved findings can support adverse administrative action; for officers in grade O-1 and above (not warrant officers), approved adverse findings are also entered in the Army Adverse Information Program (AAIP) and furnished to promotion selection boards. What rights a person has depends on the procedure used and on whether that person is a witness, a subject, or a respondent. In the regulation's terms, a subject is someone about whom some credible evidence suggests involvement that could lead to disciplinary or administrative action, and a respondent is someone the appointing authority designates for a hearing before a board.
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UCMJ Punitive Articles: A Guide to Articles 77 Through 134
The punitive articles of the Uniform Code of Military Justice are Articles 77 through 134 (10 U.S.C. §§ 877-934). All of them define offenses except Article 77 (principals) and Article 79 (lesser included offenses), which set rules for liability and findings rather than creating crimes. For each offense, the Manual for Courts-Martial (2024 edition), Part IV, lists the elements and the maximum punishment. This guide lists every punitive article from 77 to 134 with its Manual paragraph and links to the detailed pages on this site for Articles 77 through 116.
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Article 99: Misbehavior Before the Enemy Under the UCMJ
Article 99 lists nine forms of misbehavior by a member of the armed forces "before or in the presence of the enemy," from running away and cowardly conduct to failing to help allied forces in battle. Every one carries a maximum of death or such other punishment as a court-martial may direct. Whether a person was "before the enemy" is a question of tactical relation, not distance.
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Article 98: Misconduct as Prisoner Under the UCMJ
Article 98 applies only to a person who is in the hands of the enemy in time of war. It punishes two things: acting without authority, to gain better treatment from the captors, in a way that harms other prisoners; and maltreating fellow prisoners from a position of authority. Escaping, even when the enemy punishes the others for it, is not an offense. The maximum is any punishment other than death.
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Article 97: Unlawful Detention Under the UCMJ
Article 97 punishes a person who apprehends, arrests, or confines someone "except as provided by law." It is aimed at people who hold detention authority under the UCMJ and misuse it, not at private acts of false imprisonment. Force is not required, a reasonable belief that the restraint was lawful is a defense, and the maximum is a dishonorable discharge, total forfeitures, and 3 years.
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Article 96: Release of Prisoner Without Authority Under the UCMJ
Article 96 contains four offenses: releasing a prisoner without authority, allowing a prisoner to escape through neglect, allowing a prisoner to escape through design, and unlawfully drinking alcohol with a prisoner. The ceilings run from 1 year (drinking) to a dishonorable discharge and 5 years (escape by design). The release and escape offenses apply "whether or not the prisoner was committed in strict compliance with the law."
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Article 95a: Disrespect Toward Sentinel or Lookout Under the UCMJ
Article 95a punishes wrongful and disrespectful language or behavior aimed at a sentinel or lookout who is on duty, when the accused knows the person's role. Words must be within the sentinel's hearing; behavior must be within the sentinel's sight. The maximum is 3 months of confinement and forfeiture of two-thirds pay per month for 3 months, with no punitive discharge.
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Article 95: Offenses by Sentinel or Lookout Under the UCMJ
Article 95 applies only to a sentinel or lookout who is posted. Being drunk on post, sleeping on post, or leaving post before being regularly relieved carries up to a dishonorable discharge and 1 year in ordinary circumstances, 10 years while the accused is receiving hostile fire or imminent danger pay, and death in time of war. Loitering or wrongfully sitting down on post is a lesser offense with no death penalty.
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Article 94: Mutiny or Sedition Under the UCMJ
Mutiny is easy to picture as a group refusal, but one form of it can be committed by a single person. The article covers mutiny, sedition, attempted mutiny, and failing to suppress or report a mutiny or sedition, and every one of those offenses carries a maximum of death or such other punishment as a court-martial may direct, in peace or in war.
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Article 93a: Prohibited Activities with Military Recruit or Trainee Under the UCMJ
Article 93a makes it a crime for a trainer to engage in prohibited sexual activity with a recruit or trainee in a protected training status, or for a recruiter to do so with an applicant or a delayed-entry enlistee. Consent is not a defense. Protection depends on the person's training or applicant status and on an existing training or recruiting relationship, not on a period of time in service. The maximum is a dishonorable discharge, total forfeitures, and 5 years.
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Article 93: Cruelty and Maltreatment Under the UCMJ
Articles 88 through 92 protect authority from the people under it. Article 93 runs the other way: it punishes a person who is cruel toward, oppresses, or maltreats someone "subject to his orders." The test is objective, the victim need not be in the accused's chain of command or even subject to the UCMJ, and the maximum is a dishonorable discharge, total forfeitures, and 3 years.
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Article 92: Failure to Obey Order or Regulation Under the UCMJ
Article 92 contains three offenses, and the first question in any case is which one is charged. Violating a lawful general order or regulation requires no proof that the accused knew of it and carries up to a dishonorable discharge and 2 years. Failing to obey another lawful order requires actual knowledge and carries up to a bad-conduct discharge and 6 months. Dereliction of duty ranges from 3 months to 2 years depending on willfulness and whether someone was killed or seriously hurt.
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Article 91: Insubordinate Conduct Toward Warrant Officer, NCO, or Petty Officer Under the UCMJ
Article 91 protects warrant officers, noncommissioned officers, and petty officers the way Articles 89 and 90 protect commissioned officers: against assault, willful disobedience, and contempt or disrespect. Only a warrant officer or enlisted member can commit it. There is no death penalty and no wartime increase. The highest ceiling is a dishonorable discharge, total forfeitures, and 5 years, for striking or assaulting a warrant officer.
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Article 90: Willfully Disobeying Superior Commissioned Officer Under the UCMJ
Not every failure to follow an order is an Article 90 offense. Article 90 requires a lawful, specific command given personally to the accused by a superior commissioned officer, actual knowledge of it, and intentional defiance. Forgetting or neglecting an order, or breaking a general regulation, is not Article 90, though it may violate Article 92. The ceiling is a dishonorable discharge, total forfeitures, and 5 years in peacetime, and death in time of war.
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Article 89: Disrespect Toward Superior Commissioned Officer Under the UCMJ
Article 89 holds two offenses with very different ceilings. Disrespect toward a superior commissioned officer carries up to a bad-conduct discharge and 1 year if the officer is superior in command, or 6 months if superior only in rank. Striking, raising a weapon against, or offering violence to a superior commissioned officer in the execution of office carries up to a dishonorable discharge and 10 years, or death if committed in time of war.
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Article 88: Contempt Toward Officials Under the UCMJ
Only a commissioned officer can violate Article 88, and only by using contemptuous words against one of the officials or legislatures the statute names. Criticism of policy, even sharp criticism, is not the offense. Contempt is. The maximum punishment is dismissal, total forfeitures, and one year of confinement.
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Article 87a: Resistance, Flight, Breach of Arrest, and Escape Under the UCMJ
How serious an Article 87a charge is depends on which restraint was defeated. Breaking an arrest order carries up to a bad-conduct discharge and 6 months; resisting or fleeing apprehension, up to a bad-conduct discharge and 1 year; escaping pretrial confinement, up to a dishonorable discharge and 1 year; escaping confinement imposed by a court-martial sentence, up to a dishonorable discharge and 5 years. And if the restraint itself was illegal, there is no Article 87a offense at all.
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Article 86: Absence Without Leave Under the UCMJ
Article 86 punishes a service member who, without authority, fails to go to an appointed place of duty, leaves it, or is absent from the unit, organization, or place of duty where they are required to be. No specific intent is needed for the basic offense. The ceiling climbs with the facts: one month for a missed formation or an absence of up to three days, and up to a dishonorable discharge and 18 months for an absence of more than 30 days ended by apprehension.
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Article 85: Desertion Under the UCMJ
What turns an unauthorized absence into desertion under Article 85 is intent: an intent to stay away permanently, or to avoid hazardous duty or shirk important service. Length of absence alone does not prove it. In peacetime the ceiling is a dishonorable discharge, total forfeitures, and 2, 3, or 5 years of confinement depending on the type of desertion and how it ended. In time of war, desertion and attempted desertion can be punished by death.
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Article 82: Solicitation Under the UCMJ
Article 82 is complete the moment a person seriously asks or advises someone else to commit a UCMJ offense, intending that it actually be committed. The other person does not have to agree, act, or even take the request seriously. The ceiling depends on what was solicited: the lesser of 10 years or the solicited offense's own maximum, except for espionage, desertion, mutiny or sedition, and misbehavior before the enemy, which have separate rules.
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Article 81: Conspiracy Under the UCMJ
Under Article 81, an agreement to commit a UCMJ offense becomes a crime the moment any member of the agreement takes one step to carry it out. The planned offense never has to happen. The maximum punishment is the maximum for the offense that was the object of the agreement, except that death is not available unless the conspiracy is one to commit a law-of-war offense and a victim dies.
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Article 80: Attempts Under the UCMJ
Article 80 punishes an attempt to commit almost any UCMJ offense, whether or not the offense is completed: under § 880(c), a person may be convicted of an attempt even if the evidence shows the offense was consummated. The government must prove a specific intent to commit the offense and an overt act that went beyond preparation. The ceiling is the maximum for the offense attempted, with two limits: no death penalty for any attempt, and no more than 20 years of confinement for any attempt except attempted murder.
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Article 79: Lesser Included Offenses Under the UCMJ
An acquittal of the charged offense does not always end a court-martial. Article 79 (10 U.S.C. § 879) lets a court-martial find an accused guilty of a lesser offense, or of an attempt, that was never written on the charge sheet as a separate charge. It is not an offense anyone can be charged with. It is the rule that sets how far a finding of guilty may reach below the charge.
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Article 78: Accessory After the Fact Under the UCMJ
Helping someone after a crime can be an offense even if the helper had nothing to do with the crime itself. Under Article 78, a service member who knows an offense has been committed and then receives, comforts, or assists the offender in order to hinder apprehension, trial, or punishment commits a separate offense. The ceiling is half the confinement authorized for the underlying crime, never death, and never more than 10 years.
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Article 77: Principals Under the UCMJ
Article 77 does not create a crime. It decides who can be convicted of one. Under 10 U.S.C. § 877, a person who aids, abets, counsels, commands, or procures an offense, or who causes another to do an act that would be an offense if done directly, is a principal: guilty of the same offense as the person who carried it out and punishable to the same extent. There is no separate Article 77 charge and no separate Article 77 sentence.