Article 134 UCMJ – Harassing Communications – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 134 of the Uniform Code of Military Justice criminalizes harassing, threatening, intimidating, annoying, or repeated unwanted communications through text messages, social media, phone calls, emails, or any electronic or written medium. This offense is often referred to as Harassing Communications or Improper Communications under Article 134.

Harassing Communications is one of the fastest-growing and most misused offenses in the UCMJ. Commands frequently overcharge harmless, emotional, drunken, or relationship-driven communication as “harassment,” even when no genuine threat or malicious intent existed. Many cases stem from breakups, jealousy, toxic relationships, custody battles, alcohol-fueled texting, misunderstandings, or emotional stress.

Florida’s military bases—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick Space Force Base, MacDill, NSA Panama City, NAS Key West, and all Coast Guard Sectors—see a high number of Article 134 Harassing Communications cases due to Florida’s large active-duty population, high relationship turnover, nightlife, alcohol use, and prevalence of digital communication.

Gonzalez & Waddington is internationally recognized for defending service members accused of digital misconduct, including harassment, threats, indecent messages, and online communications. We expose exaggeration, emotional context, mental health struggles, misinterpretation, and flawed command investigations.

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What Counts as Harassing Communications Under Article 134?

Harassing Communications under Article 134 includes:

• Repeated unwanted texting
• Excessive calling or messaging
• Sending insulting or demeaning messages
• Messages intended to annoy or alarm
• Indirect threats or intimidation
• Sexualized comments (non-criminal) considered “inappropriate”
• Blowing up someone’s phone during an argument
• Using social media to embarrass or pressure someone
• Contact after being told not to (but no official no-contact order)

Common platforms include:

• Text messages / SMS
• iMessage
• WhatsApp
• Instagram DMs
• Snapchat messages
• Facebook Messenger
• Phone calls / voicemails

In many cases, the accused’s communication was:

• Emotional
• Drunken
• Mutual (not one-sided)
• Invited earlier
• Out of fear, confusion, or stress

Elements the Government Must Prove

To convict someone under Article 134 Harassing Communications, prosecutors must prove:

1. The Accused Sent a Communication

Any written, electronic, or telephonic message counts.

2. The Communication Was Harassing, Annoying, or Alarming

There must be evidence that the accused intended the message to annoy, harass, threaten, or alarm the recipient.

3. The Conduct Was Wrongful

Communications sent for:

• Reconciliation
• Emotional closure
• Confusion
• Self-defense
• Emergencies
• Clarification

are NOT wrongful.

4. The Conduct Was Prejudicial or Service-Discrediting

There must be a clear negative impact—not just annoyance.

Behaviors Commonly Charged as Harassing Communications

1. Repeated Texting During a Breakup

Extremely common among young service members.

2. Sending Emotional or Drunken Messages

Often misinterpreted as harassment after both parties were intoxicated.

3. Arguing Over Social Media

DMs or posts escalate into command involvement.

4. Calling Multiple Times

Trying to clarify a situation becomes “harassment.”

5. Messaging After Being Blocked

Using alternate accounts or old threads out of frustration.

6. Showing Up in Group Chats

Arguments in group messages lead to complaints.

7. Asking Someone to Stop Lying or Spreading Rumors

Commands misinterpret this as “harassment.”

8. Relationship-Driven Drama

Domestic issues frequently escalate into allegations.

9. Jealous Partners Weaponizing Screenshots

Selective screenshots give a false narrative.

10. Misinterpreted Emojis or Tone

Especially common across cultural lines.

Maximum Punishments for Harassing Communications

Potential consequences include:

• Confinement up to 6 months
• Bad-conduct discharge
• Forfeiture of pay
• Reduction to E-1

However, most cases lead to:

• NJP / Article 15
• Administrative separation
• GOMORs / Letters of Concern
• Loss of promotion eligibility
• BoI / Officer show cause proceedings

Why Harassing Communications Is Common in Florida

Florida produces an incredibly high volume of digital communication cases due to:

• High rate of young service members dating or cohabitating
• Nightlife and alcohol-fueled conflict
• Tourist behavior and misunderstandings
• Breakups after PCS moves or deployments
• Civilian police involvement
• Social media culture

Most cases are emotionally driven—not criminal.

Florida-Specific Real-World Harassing Communications Scenarios

1. Breakup Texting After a Night Out

Alcohol plays a key role in miscommunication.

2. Drama in Off-Base Apartments

Neighbors or roommates call police over loud arguments or repeated calls.

3. Misinterpreted Messages Between Flight Students

Stressful training pipelines escalate emotional communication.

4. Key West & Miami Beach Disputes

Tourists misunderstand military culture or language style.

5. Group Chat Conflicts in Barracks

Arguments become “harassment” when screenshots surface.

6. Attempts to Reconcile After Domestic Dispute

Repeated apologies are twisted into “harassment.”

7. Contact After a Misunderstood “Don’t Text Me”

Often the accuser sent mixed signals or texted first.

8. Coast Guard Members Messaging During High-Stress Deployments

Relationship strain leads to emotional messaging patterns.

9. Heated Exchanges Over Infidelity

Emotional pain leads to numerous messages.

10. Retaliatory Allegations After Breakups

Accusers weaponize digital evidence selectively.

How Harassing Communications Investigations Work

Investigations often involve:

• NCIS
• CID
• OSI
• CGIS
• Command-directed investigations
• Civilian police

Common Investigative Failures We Expose

• Selective screenshot evidence
• No context around emotional messaging
• Both parties engaged in mutual communication
• Accuser texted first or provoked the exchange
• Accuser continued responding (not “harassed”)
• Investigators misread tone or emotion
• No proof of intent to harass
• Command bias in domestic situations

We often obtain the full message thread, reconstruct the timeline, and expose manipulative or misleading allegations.

Defense Strategies for Harassing Communications Cases

1. Prove Lack of Wrongful Intent

Most messages are emotional—not criminal. Intent is the prosecution’s weakest point.

2. Show Mutual Communication

If the accuser responded or kept engaging, harassment cannot be proven.

3. Expose Accuser Motives

• Jealousy
• Revenge
• Domestic disputes
• Custody leverage
• Embarrassment
• Desire for command attention

4. Florida-Specific Defense Angles

• Tourist misinterpretation of communication style
• Alcohol-related confusion
• Heat-of-the-moment texting after nightlife events
• Roommate or neighbor drama

5. Show Communication Was for Legitimate Purposes

Such as retrieving property, arranging childcare, or explaining a misunderstanding.

6. Use Digital Forensics

We retrieve deleted texts, timestamps, metadata, and full threads to expose truth.

7. Attack the “Prejudice or Discredit” Element

Most private messages have zero impact on the military mission.

Pro Tips for Anyone Accused of Harassing Communications

• Do NOT contact the accuser again.
• Do NOT delete any messages.
• Do NOT speak to investigators without an attorney.
• Preserve screenshots, phone logs, and digital evidence.
• Write a private timeline of events.
• Identify witnesses who can verify mutual communication.
• Avoid discussing the case with coworkers.
• Hire a civilian defense lawyer skilled in digital evidence.

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Article 134 Harassing Communications – Frequently Asked Questions