Article 134 UCMJ – Stalking – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 134 of the Uniform Code of Military Justice criminalizes stalking—a pattern of repeated, unwanted conduct directed at another person that would cause a reasonable individual to feel fear, intimidation, harassment, or emotional distress. Stalking under Article 134 includes physical following, electronic monitoring, repeated unwanted messages, showing up at someone’s home or workplace, or any conduct perceived as obsessive or threatening.

Stalking is one of the most emotionally charged and frequently misinterpreted allegations in the military justice system. Many stalking accusations arise during breakups, domestic disputes, toxic relationships, mental health crises, or situations involving miscommunication, shared spaces, custody issues, or overlapping social circles. Commands often treat normal relationship conflict, emotional messaging, or attempts to reconcile as “stalking,” even when no malicious intent existed.

Florida’s military installations—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick Space Force Base, MacDill AFB, NSA Panama City, NAS Key West, and all Coast Guard Sectors—see a high number of stalking cases because of the state’s large young population, alcohol-driven nightlife, high stress levels, and volatile dating and relationship dynamics.

Gonzalez & Waddington is a global leader in defending military members accused of stalking, domestic violence, harassing communications, and relationship-driven allegations. We expose exaggeration, mutual behavior, false accusations, emotional context, and the lack of real fear or intent behind the alleged conduct.

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Legal Definition of Stalking Under Article 134

The Manual for Courts-Martial defines stalking as:

“A course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or to suffer substantial emotional distress.”

Key requirements:

• Repeated or continuous conduct
• Directed at a specific individual
• Causing fear or emotional distress
• The accused knew or should have known it would cause fear or distress
• The conduct was wrongful

Importantly, the conduct must be a pattern—not a single act.

What Stalking Is NOT

Many innocent actions get misinterpreted as “stalking” in military cases:

• Accidental encounters on base
• Mutual communication in relationships
• Responding to breakups emotionally
• Requesting closure or explanation
• Returning property
• Shared workplaces or shared barracks areas
• Being seen near someone’s barracks simply because you live nearby
• Driving on common routes in military housing
• Looking at someone’s social media (not illegal)
• Attempts to co-parent or handle logistics

Many “stalking” allegations stem from normal relationship dynamics being criminalized.

Examples of Conduct That May Be Charged as Stalking

• Showing up at someone’s room repeatedly after a breakup
• Following someone during or after an argument
• Repeated unwanted calls or texts
• Monitoring social media excessively
• Showing up at the same bar or venue repeatedly
• Driving by someone’s residence or workplace
• Sending gifts or letters after being told to stop
• Repeated confrontations in public places
• Contacting the person’s friends or coworkers

Many of these behaviors become “criminal” only when prosecutors and commands assume malicious intent.

Elements the Government Must Prove

To convict a service member of stalking under Article 134, prosecutors must prove:

1. A Course of Conduct Occurred

The actions must be repeated—one incident is not enough.

2. Conduct Was Directed at a Specific Person

Not general behavior or group messaging.

3. The Conduct Would Cause Fear or Emotional Distress

Based on the perspective of a “reasonable person.”

4. The Accused Knew or Should Have Known the Conduct Was Wrongful

Knowledge is a major defense point.

5. The Conduct Was Prejudicial or Service-Discrediting

Private relationships rarely meet this threshold.

Why Stalking Cases Are Often Weak

Many stalking allegations fall apart because the prosecution cannot prove:

• A true “course of conduct”
• That the accused knew contact was unwanted
• That the alleged victim actually feared the accused
• That the contact was not mutual
• That the accused did not have a legitimate purpose
• That the accused was not simply present in shared spaces
• That the accused intended any harm

Most stalking cases involve emotion—not criminal behavior.

Why Stalking Allegations Are Common in Florida

Florida’s military culture produces stalking allegations due to:

• Volatile relationships among young service members
• Alcohol-heavy nightlife leading to misunderstanding
• Close living quarters in barracks or base housing
• Breakups triggering emotional communication
• Civilian police involvement after loud arguments
• Command climate pressure around domestic violence
• High social media usage creating digital misunderstandings
• Common access to shared spaces around base housing

Many cases begin with accusers who are angry, jealous, manipulated, intoxicated, or seeking leverage in a breakup.

Florida-Specific Real-World Stalking Scenarios

1. “Showing up” at a place where both parties regularly go

Like the gym, chow hall, or beach.

2. Repeated texting after a breakup

Very common among young enlisted members.

3. Leaving notes or gifts at someone’s door

Often done innocently as a reconciliation attempt.

4. Calling to retrieve property

Accusers weaponize logistics as “stalking.”

5. Social media misunderstandings

“Liking” posts, viewing stories, or sending emojis misinterpreted.

6. Accidental encounters on base

Prosecutors claim the accused “followed” the victim.

7. Domestic cases reported by roommates or neighbors

Noise or yelling misinterpreted.

8. Coast Guard boarding operations

Arguments during missions mischaracterized.

9. Housing conflicts

Shared spaces make paths cross naturally.

10. Drunken late-night visits

Emotional intoxication often leads to exaggerated allegations.

How Stalking Investigations Work

Investigations usually involve:

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

Common Investigative Failures We Expose

• Accuser’s emotional exaggeration
• Mutual communication ignored
• No true evidence of fear
• Text messages taken out of context
• Witnesses biased or misinformed
• Accidental encounters treated as intentional
• Shared living or workplace ignored
• Full communication history not reviewed

We often obtain the full digital record, not the cherry-picked accusations used by the government.

Defense Strategies for Article 134 Stalking Cases

1. Attack the “Course of Conduct” Requirement

One or two incidents are NOT stalking. Many accusers exaggerate or fabricate patterns.

2. Emphasize Mutual or Initiated Contact

If the accuser responded, invited communication, or engaged voluntarily, the case collapses.

3. Show Legitimate Purpose

Property retrieval, co-parenting, or logistical coordination are valid reasons.

4. Demonstrate Lack of Fear or Emotional Distress

If the accuser wasn’t afraid or acted normally, the charge fails.

5. Florida-Specific Defenses

• Barracks proximity makes encounters unavoidable
• Crowded nightlife causes accidental run-ins
• Tourists misinterpret service members’ conduct
• Heat/humidity heightens emotional misperceptions

6. Use Digital Forensics

We reconstruct entire message histories to destroy selective accusations.

7. Challenge Accuser Credibility

Jealousy, revenge, mental illness, or motive to lie frequently drive these cases.

8. Show No Harm to Good Order and Discipline

Private personal drama rarely impacts mission readiness.

Pro Tips for Anyone Accused of Stalking

• Do NOT contact the accuser again.
• Do NOT delete messages or photos.
• Avoid speaking to investigators.
• Preserve all communication records.
• Create a private timeline of events.
• Identify witnesses who saw mutual communication.
• Avoid social media posts.
• Hire a civilian defense lawyer immediately.

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Article 134 Stalking – Frequently Asked Questions