Article 134 – Disloyal Statements of the MCM states any service member may be subject to prosecution if it can be demonstrated that:

1. the accused made a specific statement;

2. the statement was communicated to another person;

3. the statement was disloyal to the United States;

4. the statement was made with the intent to promote disloyalty or disaffection toward the United States by any member of the armed forces or to interfere with or impair the loyalty to the United States or good order and discipline of any member of the armed forces; and

5. under the circumstances, the conduct of the accused was either (i) to the prejudice of good order and discipline in the armed forces, (ii) was of a nature to bring discredit upon the armed forces, or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Understanding Article 134 (Disloyal Statements) of the UCMJ

Certain disloyal statements by military personnel may not constitute an offense under 18 U.S.C. §§ 2385, 2387, and 2388 but may, under the circumstances, be punishable under this article. Examples include praising the enemy, attacking the war aims of the United States, or denouncing our form of government with the intent to promote disloyalty or disaffection among members of the Armed Services. A declaration of personal belief can amount to a disloyal statement if it disavows allegiance owed to the United States by the declarant. The disloyalty involved in this offense must be to the United States as a political entity and not merely to a department or other agency that is a part of its administration.

Maximum Possible Punishment for Violations of Article 134

Service members convicted of violating Article 134 for Disloyal Statements face a maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years.

How do you defend against Article 134 Disloyal Statements charges?

When facing the combined military resources and the current cultural climate, you must be prepared to defend your career and freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these types of cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.

If you, or someone you know, is facing Article 134 charges for Disloyal Statements, you need to speak with a Military defense attorney immediately. We understand what is at risk and learn how to protect your career, freedom, and future.