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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

  1. That the accused seized, confined, inveigled, decoyed, or carried away a certain person;
  2. That the accused then held such person against that person’s will; 
  3. That the accused did so willfully and wrongfully, and,
  4. 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. 

§ 59:2 – Discussion
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).

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  • Practice Areas
    • Correcting Military Records >
      • Evaluation Report Appeals
      • Reprimand Appeals
      • Family Advocacy Program Appeals
      • Discharge Review Boards
      • Cadet Misconduct
      • Titling Actions
      • Military Protective Orders
    • Separation Boards
    • Military Medical Malpractice Claims
    • Forms, Downloads, and Regulations
  • Military Crimes and Defenses
    • Military Law >
      • Court-martial Information >
        • Know Your Rights
        • Court-Martial Rules >
          • Pretrial Confinement
          • Unlawful Command Influence
          • Article 31 Violation
          • Military Rule of Evidence 412
          • Involuntary Statements
          • Failure to State an Offense
          • Wheeler Factors
      • Court-Martial Defense >
        • Military Sexual Assault Defense
        • Military Drug Defense >
          • Drug Detection Windows
          • Marijuana
          • Cocaine
          • Morphine and Heroin
        • Disrespect Offenses
        • Conspiracy Cases
        • False Statements >
          • Obstruction of Justice
        • Use of Force
        • Assault Cases
        • Conduct Unbecoming
      • Court-Martial Appeals >
        • Petitions for a New Trial
        • Insufficient Evidence
    • Introduction
    • Article 77 Principles
    • Article 78 Accessory After the Fact
    • Article 79 Lesser Included Offenses
    • Article 80 Conspiracy
    • Article 81 Attempts
    • Article 82 Solicitation
    • Article 85 Desertion
    • Article 86 AWOL
    • Article 88 Contempt Towards Officials
    • Article 92 Failure to Obey an Order
    • Article 93 Maltreatment
    • Article 107 False Official Statement
    • Article 112a Wrongful Use of a Controlled Substance
    • Article 119 Manslaughter
    • Article 119b Child Endangerment
    • Article 121 Larceny or Wrongful Appropriation
    • Article 125 Kidnapping
    • Article 133 Conduct Unbecoming
    • Article 134 Bribery and Graft
    • Article 134 Indecent Language
    • Article 134 Obstruction of Justice
  • Firm History
    • Films
    • Books
    • Sketches
    • My Lai
    • Abu Ghraib
    • Haditha
    • MARSOC
    • The Stryker 5
    • Gary Myers
  • Results
  • Blog