Communicating a Threat (Article 115 UCMJ): Venting vs. Crime
When does an angry text message become a federal felony?
“I Was Just Venting”
This is the #1 defense we hear from clients charged with Article 115.
In the age of social media, service members often post angry status updates, send heated texts during breakups, or make dark jokes in group chats. The military, hyper-sensitive to “Insider Threats” and workplace violence, often overreacts and charges these outbursts as felonies.
The Reality: If you are convicted of Communicating a Threat, you face a Bad Conduct Discharge and up to 3 years in prison per offense. The government takes words very seriously.
The “True Threat” Doctrine
Not all angry words are crimes. Under the First Amendment and military case law, there is a distinction between Hyperbole (exaggerated venting) and a True Threat.
To convict you, the government must prove:
- You communicated certain language.
- The language communicated an avowed present determination or intent to injure a person or property.
- The communication was wrongful.
How Gonzalez & Waddington Defends You: We focus on Context. Did you have a weapon? Were you laughing? Was it a lyric? If we can show the words were “idle banter” or emotional venting without real intent, the charge falls apart.
Venting vs. Threat: Where is the Line?
Here is how military courts typically distinguish between protected speech and criminal threats.
| Scenario | Likely Outcome | Why? |
|---|---|---|
| “I’m going to kill him!” (Shouted during a fistfight) |
Not Guilty (Usually) | Seen as “excited utterance” or heat of passion, not a calculated plan. |
| “I’m going to kill him.” (Texted with a photo of a gun) |
Guilty | The photo adds specificity and means, creating a “True Threat.” |
| “I wish the 1SG was dead.” | Not Guilty | Expressing a wish is different from expressing an intent to act. |
| Posting violent rap lyrics | Grey Area | Depends on if the lyrics name a specific target in your unit. |
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
Frequently Asked Questions (FAQ)
Q: Can I be charged for a threat made in a private therapy session?
A: Generally, no. Communications with mental health providers are privileged (MRE 513). However, there is a “Duty to Warn” exception. If you tell a therapist, “I am going to shoot my commander tomorrow,” they are required to report it, and you can be charged.
Q: Is it a threat if I said it to a third party, not the victim?
A: Yes. You do not have to say it to the victim. If you tell your roommate, “I’m going to beat up the Lieutenant,” and your roommate reports it, that counts as communicating a threat. The crime is the expression of the intent, not the fear caused to the victim.
Q: What is the “Bomb Threat” nuance?
A: Bomb threats or threats to blow up a building carry significantly higher penalties (up to 10 years). Even writing a joke on a bathroom stall about a bomb is treated as a severe act of terrorism in the military.
Your Words Can Be Used Against You.
If you are being investigated for something you said or posted, stop talking immediately.
