Chapter 40: Article 125, UCMJ KIDNAPPING
When the book was published, the manual labelled Article 125 as sodomy. In newer version of the manual for courts-martial, sodomy was replaced with Article 134, UCMJ Kidnapping.
§ 59:1
Elements
§ 59:2
Discussion
§ 59:3
Standard Instructions
§ 59:4
Maximum Punishments
§ 59:5
Lesser Included Offenses
§ 59:1 – Elements
To inveigle means to lure, lead astray, or entice by false representations or other deceit. A superior can inveigle a subordinate by giving an order to follow the accused. [1] Decoy involves fraud, trick, or temptation.
The movement of the victim need not be far. In Jeffress, the movement was 15 feet.[2] Shorter distances of asportation may involve a risk of harm to the victim. The holding must be for more than a moment.
A law enforcement official who unlawfully uses his or her authority to apprehend a person is not guilty of kidnapping but may be guilty of unlawful detention. In 2010, there were a series of Army Criminal Investigative Division cases involving special agents that apprehended a civilian off-post.
§ 59:3 - Standard Instructions
Standard Instructions
DA Pamphlet 27-9
3-92-1: Kidnapping.
§ 59:4- Maximum Punishment
The maximum punishment is a dishonorable discharge, forfeiture of all pay and allowances, reduction to E-1, and confinement for life without eligibility for parole.
§ 59:5 – Lesser Included Offenses
The lesser-included offense is Article 80 – attempts.
[1] United States v. Mathai, 34 M.J. 33 (C.M.A. 1992).
[2] United States v. Jeffress, 28 M.J. 409 (C.M.A. 1989).
§ 59:1
Elements
§ 59:2
Discussion
§ 59:3
Standard Instructions
§ 59:4
Maximum Punishments
§ 59:5
Lesser Included Offenses
§ 59:1 – Elements
- That the accused seized, confined, inveigled, decoyed, or carried away a certain person;
- That the accused then held such person against that person’s will;
- That the accused did so willfully and wrongfully, and,
- 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.
To inveigle means to lure, lead astray, or entice by false representations or other deceit. A superior can inveigle a subordinate by giving an order to follow the accused. [1] Decoy involves fraud, trick, or temptation.
The movement of the victim need not be far. In Jeffress, the movement was 15 feet.[2] Shorter distances of asportation may involve a risk of harm to the victim. The holding must be for more than a moment.
A law enforcement official who unlawfully uses his or her authority to apprehend a person is not guilty of kidnapping but may be guilty of unlawful detention. In 2010, there were a series of Army Criminal Investigative Division cases involving special agents that apprehended a civilian off-post.
§ 59:3 - Standard Instructions
Standard Instructions
DA Pamphlet 27-9
3-92-1: Kidnapping.
§ 59:4- Maximum Punishment
The maximum punishment is a dishonorable discharge, forfeiture of all pay and allowances, reduction to E-1, and confinement for life without eligibility for parole.
§ 59:5 – Lesser Included Offenses
The lesser-included offense is Article 80 – attempts.
[1] United States v. Mathai, 34 M.J. 33 (C.M.A. 1992).
[2] United States v. Jeffress, 28 M.J. 409 (C.M.A. 1989).
