US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 934

Art. 134. General article

section 5 of title 18section 7 of title 18Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. As used in the preceding sentence, the term “crimes and offenses not capital” includes any conduct engaged in outside the United States, as defined in , that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in .

Aug. 10, 1956, ch. 104170A Stat. 76Pub. L. 114–328, div. E, title LX, § 5451130 Stat. 2958(, ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

934

50:728.

May 5, 1950, ch. 169, § 1 (Art. 134), 64 Stat. 142.

The words “shall be” are inserted before the word “punished”.

Editorial Notes

Amendments

Pub. L. 114–328section 5 of title 18section 7 of title 182016— inserted at end “As used in the preceding sentence, the term ‘crimes and offenses not capital’ includes any conduct engaged in outside the United States, as defined in , that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in .”

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .

Inclusion of Sexual Harassment as General Punitive Article

Pub. L. 117–81, div. A, title V, § 539D135 Stat. 1699

“(a)

In General .—

Not later than 30 days after the date of the enactment of this Act [], the President shall—
“(1)
section 934 of title 10 prescribe regulations establishing sexual harassment, as described in this section, as an offense punishable under , United States Code (article 134 of the Uniform Code of Military Justice); and
“(2)
revise the Manual for Courts-Martial to include such offense.
“(b)

Elements of Offense .—

The regulations and the revisions to the Manual for Courts-Martial required under subsection (a) shall provide that the required elements constituting the offense of sexual harassment are—
“(1)
that the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
“(2)
that such conduct was unwelcome;
“(3)
that, under the circumstances, such conduct—
“(A)
would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of that person’s job, pay, career, benefits, or entitlements;
“(B)
would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or
“(C)
was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and
“(4)
that, under the circumstances, the conduct of the accused was—
“(A)
to the prejudice of good order and discipline in the armed forces;
“(B)
of a nature to bring discredit upon the armed forces; or
“(C)
to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.”
, , , provided that: