Daniel Conway | Military Attorney
  • 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

Chapter 58: Article 134, UCMJ Indecent language


§ 58:1
Elements

§ 58:2
Discussion

§ 58:3
Standard Instructions

§ 58:4
Maximum Punishments

§ 58:5
Lesser Included Offenses

§ 58:1 – Elements
 

  1. That the accused orally or in writing communicated to another person certain language;
  2. That such language was indecent, and, 
  3. 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. 
 
[For cases involving a minor add the following element after the first element: That the person to whom the language was communicated was a child under the age of 16.]
 
§ 58:2 – Discussion
On issues of language and speech, the military uses a community standard.  In other words, standards are applicable to the military as a whole – not necessarily the client’s unit.  This offense requires that the indecent language actually be made known to the person for whom it was communicated.  
 
Indecency is defined as language that is grossly offensive.  This tends to be language that is vulgar, filthy, or disgusting in nature.  The offense is nearly always charged within the context of language communicated to minors.  The language typically is lustful in nature. 
 
In some circumstances, the government has charged superiors with indecent language in their attempts to extract sexual acts from subordinates.  Those cases can alternatively possibly be charged as maltreatment.
 
Plainly, if the case involves adults, defense counsel should be careful to examine the entire nature of the relationship between the client and the alleged victim.  Defense counsel should carefully scrutinize the alleged affects of the communication on the listener.  The law requires that the language is calculated to and tends to reasonably corrupt morals or incite libidinous thoughts.  
 
§ 58:3 - Standard Instructions
Standard Instructions
DA Pamphlet 27-9
3-89-1: Indecent Language.
 
§ 58:4- Maximum Punishment
 
The maximum punishment for indecent language to a minor is a dishonorable discharge, forfeiture of all pay and allowances, reduction to the rank of E-1, and confinement for 2 years.  In other cases, the maximum is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. 

§ 58:5 – Lesser Included Offenses
 
The lesser-included offenses include Article 117 – provoking speeches and Article 80 – attempts. 

Court Martial Defense
Sexual Crime Defense
Drug Crimes
Violent Crimes
Larceny & Financial Fraud
Desertion & Awol


Services
Non-Judicial Punishment (NJP)
UCMJ Investigations
GOMOR Rebuttals
Administrative Separations
Resources
Case Results
Videos
Testimonials
Blogs
Locations
United States
South Korea
Okinawa, Japan
Mainland Japan
Europe
Worldwide
CALL 833-934-UCMJ
Email
Resources
Free Initial Consultations
Confidential. In depth. Valuable.

833-934-8265 (UCMJ)
Picture
© COPYRIGHT 2019. ALL RIGHTS RESERVED. 
The information on this page is informational in nature. Nothing on this or associated pages should be construed as legal advice for a particular case. Likewise, the information on this website does not constitute the creation of an attorney-client relationship. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
  • 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