Article 134 UCMJ – Adultery / Extramarital Sexual Conduct – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 134 of the Uniform Code of Military Justice allows the military to criminalize adultery, now often charged as extramarital sexual conduct under updated regulations. While adultery itself is not a crime in civilian life, the military treats certain extramarital sexual behavior as a punishable offense when it allegedly harms unit cohesion, undermines leadership, or brings discredit upon the armed forces.

Adultery / extramarital sexual conduct is one of the most politically sensitive and highly abused offenses in the UCMJ—especially for officers and senior NCOs. It is often used as a “morality” weapon during investigations involving sexual assault, fraternization, domestic disputes, command climate problems, or political pressure. Allegations frequently originate from messy breakups, divorces, jealous partners, vengeful spouses, or command disapproval of consensual relationships.

Florida’s military installations—NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick Space Force Base, MacDill, NAS Key West, and Coast Guard Sectors—see a high volume of adultery and extramarital sexual conduct cases because of the state’s heavy nightlife, tourism, and the large number of military members in high-stress, long-distance relationships.

Gonzalez & Waddington defends service members worldwide in adultery and extramarital conduct cases, especially when the government uses Article 134 as a backup or “pile-on” charge in sexual assault, fraternization, domestic violence, or conduct-unbecoming cases.

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What Adultery / Extramarital Sexual Conduct Under Article 134 Covers

Historically, “adultery” was charged whenever a service member engaged in sexual relations with someone other than their lawful spouse. Modern regulations (including DoD and service-specific updates) often use the broader term extramarital sexual conduct, which can include:

• Sexual intercourse with someone other than one’s spouse
• Sexual acts with a married partner who is not your spouse
• Consensual sexual relationships while separated but not divorced
• Sexual relationships with another service member’s spouse
• Sexual conduct that overlaps with fraternization or abuse of rank

However, adultery is not automatically criminal. Under the UCMJ, the government must show that the extramarital conduct:

• Was prejudicial to good order and discipline, or
• Was of a nature to bring discredit upon the armed forces

Elements the Government Must Prove

To convict a service member of adultery / extramarital sexual conduct under Article 134, the prosecution must prove:

1. That the Accused Engaged in Sexual Conduct

Usually intercourse or other sexual acts, proven by admissions, texts, photos, or witness testimony.

2. That at Least One Participant Was Married to Someone Else

Either the accused or the partner must be legally married to another person.

3. That the Conduct Was Wrongful

Examples of “wrongful” include:

• Deception of a spouse
• Sex with a subordinate’s spouse
• Sex while on duty or on government property
• Sex with someone tied to a pending investigation

4. That the Conduct Was Prejudicial to Good Order or Service-Discrediting

This is the most vulnerable element. The government must show actual harm to the mission, unit, or reputation—not just moral disapproval.

What Makes Adultery “Criminal” in the Military

Adultery is typically pursued when it intersects with:

• Fraternization (superior–subordinate relationships)
• Sexual assault investigations (charged as a fallback)
• Domestic violence or divorce conflicts
• Ethical or leadership failures for officers
• Misuse of government time or resources
• Overt unit drama caused by the relationship

In many cases, adultery is a convenient tool for commands to punish conduct they dislike—even when it had no real impact on good order or discipline.

Maximum Punishments for Adultery / Extramarital Sexual Conduct

Although sentencing varies, potential consequences include:

• Dishonorable or bad-conduct discharge
• Confinement up to 1 year
• Forfeiture of pay and allowances
• Reduction to E-1 for enlisted
• Dismissal for officers (equivalent of dishonorable discharge)

More often, adultery is used as leverage for:

• Administrative separation
• General officer memoranda of reprimand (GOMORs)
• Officer show cause / BOI proceedings
• Negative OERs/Evals/FITREPs

Why Adultery Charges Are Common in Florida

Florida produces a high number of adultery and extramarital sexual conduct cases because of:

• Long-distance marriages (spouse in another state)
• High operational tempo and deployments
• Florida nightlife and party culture
• Tourist-driven hookups with civilians
• Mixed officer–enlisted social environments
• Divorce and child custody battles involving military spouses
• Jealousy-fueled complaints to command or IG

In many of these cases, accusations come from a spouse or partner seeking revenge, leverage, or control—not from genuine mission concerns.

Common Real-World Adultery / Extramarital Misconduct Scenarios

1. Separation Without Divorce

Service member considers themselves “separated,” has a new partner, and the estranged spouse reports them to command.

2. Affair With Another Service Member’s Spouse

Often leads to command outrage and overcharging, especially in small commands.

3. Officer–Enlisted Affair

Usually charged as both adultery and fraternization, and sometimes Article 133 (conduct unbecoming).

4. Relationship Overlap During a Pending Divorce

Florida family court drama spills into the military justice system.

5. Revenge Complaints by Cheating Partners

A spouse or boyfriend/girlfriend reports adultery only after a breakup.

6. Collateral to a Sexual Assault Case

When prosecutors know sexual assault is weak, they add adultery to salvage a conviction.

7. Command Climate / Morality Cases

Leadership decides to “clean up” the unit by punishing adultery.

8. Intra-Unit Affairs

Unit gossip and rumor pressure command into taking punitive action.

How Adultery Investigations Work

Adultery investigations can begin from:

• Spouse complaints
• IG complaints
• Anonymous tips
• Reports during other investigations (sexual assault, domestic violence)
• Social media posts or photos
• Barracks gossip / unit rumor

Agencies involved may include:

• NCIS / OSI / CID / CGIS
• Command Investigations (CDI, 15-6, JAGMAN)
• Staff Judge Advocate (SJA) advising command
• Family Advocacy Program (when domestic issues exist)

Typical Investigative Problems We Expose

• Reliance on gossip and rumor
• Biased spouse-driven narratives
• No proof of actual sexual conduct
• No proof of impact on good order and discipline
• Command morality policing instead of mission-focused discipline
• Improper use of private digital communications

Defense Strategies for Adultery / Extramarital Sexual Conduct

1. Attack the “Prejudicial / Discrediting” Element

We show the relationship had no real impact on unit discipline, mission execution, or public reputation.

2. Challenge Whether Sexual Conduct Occurred

Suspicion, rumor, or circumstantial proximity is not enough.

3. Show Command Bias or Overreach

Many adultery cases are driven by moral outrage, not legal logic.

4. Highlight Spouse or Partner Motive to Lie

• Divorce strategy
• Custody battles
• Financial leverage
• Jealousy or revenge

5. Florida-Specific Defense Angles

• Out-of-state spouse with limited information
• Tourist partner issues (no effect on unit)
• Negative civilian perception exaggerated into “discredit”

6. Demonstrate Professional Performance Was Not Affected

Strong evals, fitreps, and testimony from subordinates and peers undermine the government’s theory.

7. Attack the Fairness and Selectivity of Enforcement

We show that adultery is not consistently enforced and often used selectively.

Pro Tips for Anyone Accused of Adultery / Extramarital Sexual Conduct

• Do NOT talk to investigators or command without counsel.
• Do NOT confess “to clear your conscience.”
• Preserve all texts, emails, social media, and photos.
• Do not delete or alter digital evidence.
• Do not argue with the accusing spouse or partner.
• Do not discuss the case with coworkers or subordinates.
• Hire an experienced civilian military defense lawyer immediately.

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Article 134 Adultery / Extramarital Sexual Conduct – Frequently Asked Questions