The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. Article 128b, specifically addressing domestic violence, was introduced to ensure that acts of violence against spouses, intimate partners, dating partners, and immediate family members within the military community are clearly defined and punishable. This article outlines the specifics of Article 128b, officially known as 10 USC 928b, and its implications.
Article 128b of the UCMJ defines several actions as domestic violence offenses. These include:
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Committing a Violent Offense: Engaging in violent acts against a spouse, intimate partner, dating partner, or immediate family member. This is a broad clause covering physical violence.
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Threatening or Intimidating with an Offense: Committing any offense under the UCMJ against any person or property (including animals) with the intent to threaten or intimidate a spouse, intimate partner, dating partner, or immediate family member. This section extends to threats and intimidation tactics.
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Violation of a Protection Order (Threatening Intent): Violating a protection order with the intent to threaten or intimidate a spouse, intimate partner, dating partner, or immediate family member. This addresses situations where legal protection is already in place.
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Violation of a Protection Order (Violent Intent): Violating a protection order with the intent to commit a violent offense against a spouse, intimate partner, dating partner, or immediate family member. This highlights the severity of violating protection orders with violent intentions.
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Assault by Strangulation or Suffocation: Specifically assaulting a spouse, intimate partner, dating partner, or immediate family member by strangling or suffocating them. This clause focuses on a particularly dangerous form of domestic violence.
The article also provides definitions for key terms. “Dating partner,” “immediate family,” and “intimate partner” are defined as per section 930 of this title (article 130), ensuring consistency within the UCMJ.
Article 128b was added to the UCMJ effective January 1, 2019, by Public Law 115–232, and has been amended since, including updates in 2023 by Public Law 118–31 to include “dating partner” more explicitly throughout the text. These amendments reflect an evolving understanding and commitment to addressing domestic violence within the military.
In conclusion, UCMJ Article 128b is a critical component of military law, designed to address and punish domestic violence. By clearly defining offenses and related terms, it aims to protect military families and ensure accountability for acts of domestic abuse within the armed forces.
