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By Cathy Meyer, About.com Guide to Divorce Support

Adultery In The Military

Tuesday July 1, 2008

I get email all the time (usually from wives) asking what constitutes the crime of "adultery" in today's military? Usually the wife is upset because she perceives that the military did nothing about a way-ward husband's wicked ways, or are angry because the military did not punish him for cheating on her.

So, is adultery still an offense under the military justice system? Yes .... and no. It actually depends upon the circumstances.

You may be surprised to learn that adultery is not listed as an offense in the Uniform Code of Military Justice (UCMJ). The UCMJ is a federal law, enacted by Congress, to govern legal discipline and court martials for members of the armed forces. Articles 77 through 134 of the UCMJ encompasses the "punitive offenses" (these are crimes one can be prosecuted for). None of those articles specifically mentions adultery.

Adultery in the military is actually prosecuted under Article 134, which is also known as the "General Article." Article 134 simply prohibits conduct which is of a nature to bring discredit upon the armed forces, or conduct which is prejudicial to good order...read more about adultery in the military

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