Article 115 UCMJ False Threats Concerning the Use of Explosives, etc.

Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action for Article 115 UCMJ False Threats Concerning the Use of Explosives? Call our experienced military defense lawyers at 1-800-921-8607 for a free consultation.

Elite Military Defense Lawyers

“Our military defense lawyers are among the most experienced and hard-hitting in the world. With an unparalleled track record, we provide aggressive, strategic defense tailored to each client’s unique situation. Trust us to fight relentlessly for your rights and deliver the best possible outcome.” (Michael Waddington, Military Defense Lawyer)

Note: This law applies only to Article 115 UCMJ False Threats Concerning the Use of Explosives offenses committed on and after 1 January 2019.

Article 115 UCMJ Covers False Threats to Use:

Explosives
Weapons of mass destruction
Biological agents, substances, or weapons
Chemical agents, substances, or weapons
Hazardous materials

What is Article 115 UCMJ False Threats Concerning the Use of Explosives?

Article 115 of the UCMJ addresses false threats concerning the use of explosives, a serious offense involving the communication of false threats about the deployment of bombs or explosives. Such threats, even when not intended to be carried out, can cause widespread panic and disruption, posing significant risks to military operations and personnel. Manual for Courts-Martial, United States (2024 ed.)

The penalties for making false threats about explosives are severe, including confinement, dishonorable discharge, and forfeiture of pay. The military justice system treats these offenses with the utmost seriousness due to the potential impact on security and morale.

Given the grave consequences, anyone accused of making false threats concerning the use of explosives should seek immediate legal representation from the best military defense lawyers. Court martial lawyers are equipped to navigate the complex legal landscape of military law, ensuring the accused’s rights are protected and crafting a robust defense strategy.

Experienced court martial lawyers, such as those at Gonzalez & Waddington, play a crucial role in defending against these charges. They can scrutinize the evidence, identify weaknesses in the prosecution’s case, and advocate for the accused’s best interests. Effective legal representation can significantly influence the case’s outcome, potentially reducing or dismissing the charges.

Engaging knowledgeable court martial lawyers is essential for those facing accusations under Article 115 UCMJ. The complexities of military law and the severe penalties associated with false threats necessitate a strong defense to protect one’s career and freedom.

Note: The maximum and minimum punishments for Article 115 UCMJ False Threats Concerning the Use of Explosives vary depending on the date of the offense.

What are the Elements of Article 115 UCMJ False Threats Concerning the Use of Explosives?

That (state the time and place alleged), the accused communicated or conveyed certain information constituting a threat, to wit: (state the language of the threat alleged);
That the information communicated or conveyed concerned an attempt being made or to be made by means of [(an) explosive(s)] [(a) weapon(s) of mass destruction] [(a) biological or chemical agent(s), substance(s), or weapon(s)] (and) [(a) hazardous material(s)] to unlawfully [(kill) (injure) (state name of the person or people alleged)] [damage or destroy (state the property alleged to be damaged or destroyed)];
That the information communicated or conveyed by the accused was false and that the accused then knew it was false; and
That the communication of the information by the accused was malicious.

What are the Maximum Punishments for Article 115 UCMJ False Threats Concerning the Use of Explosives?

For offenses committed between 1 January 2019 and 27 December 2023:

10 Years of Confinement
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1

For offenses committed after 27 December 2023

Under the Sentencing Parameters, Article 115 UCMJ False Threats Concerning the Use of Explosives is a Category 3 Offense – Confinement from 30-120 months (2 years and 6 months to 10 years)
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence. Manual for Courts-Martial, United States (2024 ed.), Appendix 12B-C

Combined UCMJ Maximum Punishment Charts

Sample Specification for Article 115 UCMJ False Threats Concerning the Use of Explosives

In that PO Warren Ricker, US Navy, did, at or near Los Angeles, California, on or about 3 March 2025, maliciously communicate certain information concerning an attempt being made or to be made to unlawfully kill US Navy Veterans by means of a chemical agent, to wit: Mustard Gas, which information was false and which the accused then knew to be false.

Model Specification for Article 115 UCMJ False Threats Concerning the Use of Explosives

In that _______ (personal jurisdiction data) did, (at/on board—location), on or about _______, maliciously (communicate) (convey) certain information concerning an attempt being made or to be made to unlawfully [(kill) (injure) (intimidate) _______] [(damage) (destroy) __________] by means of a(n) [explosive; weapon of mass destruction; biological agent, substance, or weapon; chemical agent, substance, or weapon; and/or (a) hazardous material(s)], to wit: __________, which information was false and which the accused then knew to be false.

What are the Definitions for Article 115 UCMJ False Threats Concerning the Use of Explosives?

A “threat” means an expressed present determination or intent to kill or injure a person or to damage or destroy certain property presently or in the future. The communication must be one that a reasonable person would understand as expressing a present determination or intent to wrongfully injure the person or property of another person, presently or in the future. Proof that the accused intended to kill, injure, damage, or destroy is not required.

A communication is ‘‘malicious’’ if the accused believes that the information would probably interfere with the peaceful use of the building, vehicle, aircraft, or other property concerned or would cause fear or concern to one or more persons.

What is an Explosive in an Article 115 UCMJ False Threats Concerning the Use of Explosives case?

“Explosive” means gunpowder, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electrical circuit breakers), detonators, and other detonating agents, smokeless powders, any explosive bomb, grenade, missile, or similar device, and any incendiary bomb or grenade, fire bomb, or similar device, and any other explosive compound, mixture, or similar material.

What is a WMD in an Article 115 UCMJ False Threats Concerning the Use of Explosives case?

“Weapon of mass destruction” means any device, explosive or otherwise, that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of: toxic or poisonous chemicals, or their precursors; a disease organism; or radiation or radioactivity.

What is a Biological Agent in an Article 115 UCMJ False Threats Concerning the Use of Explosives case?

“Biological agent” means any microorganism (including bacteria, viruses, fungi, rickettsia or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; or deterioration of food, water, equipment, supplies, or materials of any kind; or deleterious alteration of the environment.

What is a Chemical Agent in an Article 115 UCMJ False Threats Concerning the Use of Explosives case?

“A chemical agent, substance, or weapon” means a toxic chemical and its precursors or a munition or device, specifically designed to cause death or other harm through toxic properties of those chemicals that would be released as a result of the employment of such munition or device, and any equipment specifically designed for use directly in connection with the employment of such munitions or devices.

What is Hazardous Material in an Article 115 UCMJ False Threats Concerning the Use of Explosives case?

“Hazardous material” means a substance or material (including explosive, radioactive material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material, and compressed gas, or mixture thereof) or a group or class of material designated as hazardous by the Secretary of Transportation.

Article 115 UCMJ False Threats Concerning the Use of Explosives Military Defense Lawyers

If you are suspected or accused of Article 115 UCMJ False Threats Concerning the Use of Explosives, speak with one of our experienced military court martial lawyers to discuss your case.

Introduction to Article 115 UCMJ False Threats Concerning the Use of Explosives

Article 115 of the Uniform Code of Military Justice (UCMJ) addresses the crime of making false threats concerning using explosives. This article is crucial for maintaining order and safety within the military community, as such threats can cause widespread panic, disrupt military operations, and waste valuable resources. Understanding this offense’s elements, consequences, and implications is essential for service members.

Background of Article 115 UCMJ False Threats Concerning the Use of Explosives

Article 115 was established to deter and penalize making false threats involving explosives. These threats can create significant fear and disruption, even if there is no actual danger. The military takes these offenses seriously due to the potential impact on personnel, operations, and security. The law aims to prevent misconduct and ensure service members understand the gravity of making false threats.

Basics of Article 115 UCMJ False Threats Concerning the Use of Explosives

To secure a conviction under Article 115, the prosecution must prove the following elements beyond a reasonable doubt:

Communication of a Threat: The accused communicated a threat concerning using explosives.
Falsity of the Threat: The threat was false when it was made.
Knowledge: The accused knew the threat was false when they communicated it.
Intent: The threat was made to deceive or cause fear.

Punishments for Article 115 UCMJ False Threats Concerning the Use of Explosives

The penalties for making false threats concerning the use of explosives under Article 115 can be severe, reflecting the serious nature of the offense. Potential punishments include:

Confinement for a specified period, potentially up to 10 years depending on the severity and circumstances of the offense
Reduction in rank, which affects the service member’s pay and career progression
Forfeiture of pay and allowances, impacting the financial stability of the convicted individual
Dishonorable discharge, which carries long-term consequences for the service member’s future

Collateral Consequences of a Article 115 UCMJ False Threats Concerning the Use of Explosives Conviction

A conviction under Article 115 can have numerous collateral consequences beyond the immediate penalties imposed by the court-martial. These consequences can affect various aspects of the service member’s life, including their personal, professional, and social standing.

Employment Challenges: A dishonorable discharge and a federal conviction can significantly hinder future employment opportunities. Many employers conduct background checks, and a conviction for making false threats can make it difficult to secure civilian jobs.
Loss of Benefits: Convicted service members may lose military benefits, including retirement pay, healthcare, and VA benefits. This loss can have a substantial financial impact, especially for those who have served for many years.
Reputation Damage: The social stigma associated with a dishonorable discharge and a conviction can damage personal and professional relationships. The convicted individual may face ostracism and judgment from their community.
Civil Liabilities: If the false threat caused harm or significant disruption, it may result in civil lawsuits. The convicted individual could be liable for damages, further exacerbating financial and personal difficulties.

Mental and Emotional Impact of Article 115 UCMJ False Threats Concerning the Use of Explosives

A conviction’s mental and emotional toll under Article 115 can be profound. Service members may experience significant stress, anxiety, depression, and other mental health issues as a result of their conviction and its consequences.

Family Strain: Family relationships can be severely strained, leading to marital issues, estrangement from children, and other familial conflicts. The stress of a court martial and the aftermath of a conviction can create significant tension and emotional distress within the family unit.
Social Isolation: The stigma of a court-martial conviction can lead to social isolation and difficulties in maintaining friendships and social networks. Service members may find reconnecting with their community and rebuilding their lives challenging.
Identity Crisis: For many service members, their military identity is a core part of their self-concept. A court-martial conviction can lead to an identity crisis and loss of self-esteem, affecting their overall sense of purpose and well-being.

Legal and Financial Ramifications of Article 115 UCMJ False Threats Concerning the Use of Explosives

The legal and financial ramifications of a conviction under Article 115 are extensive. The costs associated with legal defense, fines, and potential civil liabilities can overwhelm the convicted individual and their family.

Legal Fees: The cost of legal defense in a court martial can be substantial. Hiring a civilian defense attorney in addition to military-appointed counsel can lead to significant financial strain.
Fines and Restitution: In addition to confinement and reduction in rank, the court-martial may impose fines or restitution to compensate for the disruption and costs caused by the false threat. These financial penalties can further burden the convicted individual.
Civil Litigation: Victims or entities affected by the false threat may pursue civil litigation for damages. The convicted individual could face additional financial liabilities, including compensation for emotional distress, property damage, and other losses.

Preventative Measures and Education for Article 115 UCMJ False Threats Concerning the Use of Explosives

Preventing false threats concerning the use of explosives requires a comprehensive approach that includes education, awareness, and clear communication of the consequences. The military emphasizes the importance of understanding the severity of such threats and the potential impact on operations and personnel.

Training Programs: Regular training programs on the UCMJ and the specific repercussions of making false threats can help service members understand the gravity of their actions. These programs aim to educate personnel on such behavior’s legal, ethical, and operational implications.
Clear Policies: Establishing and communicating clear policies regarding threats and consequences can deter service members from engaging in such misconduct. Policies should outline the procedures for reporting threats and the following disciplinary actions.
Support Systems: Providing support systems for service members experiencing stress or mental health issues can help prevent incidents of false threats. Access to counseling, mental health resources, and peer support can address underlying issues that may lead to such behavior.

Article 115 UCMJ Military Defense Lawyer

Article 115 of the UCMJ serves as a critical deterrent against making false threats concerning using explosives. The consequences of such an offense are far-reaching, affecting the service member’s career, financial stability, mental health, and overall well-being. By understanding the elements, punishments, and collateral consequences of a conviction, service members can better appreciate the seriousness of this crime and the importance of maintaining integrity and discipline within the military.

For more information on military law and the UCMJ, visit the official Department of Defense’s UCMJ resource page.