Article 134 of the Uniform Code of Military Justice (UCMJ), known as the “General Article,” criminalizes conduct that prejudices good order and discipline or brings discredit upon the armed forces. In 2022, the National Defense Authorization Act (NDAA) mandated the explicit inclusion of sexual harassment as an offense under Article 134.

Key Points:

• Elements of the Offense: To be considered sexual harassment under Article 134, conduct must be unwelcome, sexual in nature, and create an intimidating, hostile, or offensive environment. This encompasses verbal and physical harassment, requests for sexual favors, and displaying sexually explicit material.
• Potential Consequences: Punishment for violating Article 134 by committing sexual harassment can range from reprimand and reduction in rank to confinement and dishonorable discharge, depending on the severity. The military may also pursue administrative actions, such as separation.
• Impact: This change in the UCMJ is significant as it specifically addresses sexual harassment, demonstrating the military’s commitment to combating it. The explicit inclusion helps clarify what constitutes sexual harassment and strengthens the legal framework for holding offenders accountable.

If you or someone you know is facing accusations or charges of sexual harassment under Article 134, seeking legal counsel is crucial to understand your rights and options.