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Facing Charges of Article 86 UCMJ? Then don't worry

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Bilecki Law Group
 Facing Charges of Article 86 UCMJ? Then don't worry

 Facing Charges of Article 86 UCMJ?

Article 86 of the Uniform Code of Military Justice (UCMJ) is a provision that defines the offense of absence without leave (AWOL) or unauthorized absence from duty. This article is essential for maintaining the discipline and order of the military, as it helps ensure that service members remain accountable for their actions and fulfill their obligations to their unit and the military as a whole. The text of Article 86 UCMJ states that any service member who, "without authority absent from, fails to go to, or leaves any place where he is required to be at the time prescribed; or goes from that place; or is absent from his unit, organization, or place of duty at which he is required to be at the time prescribed" shall be punished as a court-martial may direct.

The first part of this provision deals with situations where a service member fails to report for duty or goes absent from a required location without proper authorization. This means that a service member who fails to report for duty, leaves their assigned duty location, or fails to attend a required appointment can be charged with a violation of Article 86.

The second part of Article 86 concerns situations where a service member is absent from their unit, organization, or place of duty without proper authorization. This means that a service member who leaves their unit, organization, or duty location without proper authorization can be charged with a violation of Article 86.

 UCMJ Prostitution 

Prostitution is a criminal act that is prohibited under both civilian and military law. In the military, the Uniform Code of Military Justice (UCMJ) has strict rules that prohibit service members from engaging in prostitution, whether as a client or a provider. Article 134 of the UCMJ Prostitution covers the offense of prostitution and related activities, such as solicitation, pandering, and procuring. The text of the article states that any service member who engages in or solicits prostitution, or who runs or operates a prostitution business, can be charged with a violation of the UCMJ. It is important to note that prostitution is not only illegal but also undermines the discipline and order of the military. It can lead to the spread of sexually transmitted infections, the exploitation of vulnerable individuals, and the compromise of national security through blackmail or other means.

In conclusion, prostitution is strictly prohibited under the UCMJ, and service members who engage in this activity can face severe penalties. It is essential for service members to understand the UCMJ's rules regarding prostitution and to avoid any activities that could be perceived as facilitating prostitution. By upholding these standards, the military can maintain its discipline and order and ensure the safety and well-being of its members.

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