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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Drinking Liquor with Prisoner

Source: Internal (UCMJ) or external at constitution.org

The UCMJ is the derived source of this information.  The information below is for illustration and educational purposes only and may not reflect the most recent changes.  Please refer to your Legal Office or Area Defense Counsel for legal advice.

Text.

See Paragraph 60 (Article 134 - General Article).

Elements.

(1) That the accused was a sentinel or in another assignment in charge of a prisoner;

(2) That, while in such capacity, the accused unlawfully drank intoxicating liquor with a prisoner;

(3) That the prisoner was under the charge of the accused;

(4) That the accused knew that the prisoner was a prisoner under the accused’s charge; and

(5) That, under the circumstances, 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.

Explanation.

(1) Prisoner. A “prisoner” is a person who is in confinement or custody imposed under R.C.M. 302, 304, or 305 in the Manual Of Courts Martials (linked to a 3.5M PDF), or under sentence of a court-martial who has not been set free by proper authority.

(2) Liquor. For the purposes of this offense, “liquor” includes any alcoholic beverage.

Lesser included offense. Article 80—attempts

Maximum punishment. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.







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