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
- That the accused orally or in writing communicated to another person certain language;
- That such language was indecent, 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.
[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.
