Legal Question in Military Law in Virginia

Uniform code of military justice

Is it against the UCMJ for a military officer to have a sexual relationship with another person (not in the military), while that military officer is legally separated and seeking a divorce?


Asked on 6/02/08, 5:26 pm

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: Uniform code of military justice

Depending on the nature of the relationship, this may violate the UCMJ and be prosecuted by the military. If there was intercourse, it could be charged as adultery which is a crime under the UCMJ and carries up to a year in jail. Even if there was no intercourse proven, the military might try to bring a charge under Article 133 as conduct unbecoming an officer. The military has a lot of discretion about bringing charges against an officer.

I hope this hsa answered your question. Please feel free to contact me if you have additional questions.

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Answered on 6/03/08, 2:45 pm


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