Punitive Articles of the UCMJ

Article 138-34 Pandering and Prostitution

Venereal Disease - Prostitution

The history of prostitution and military members is sadly an ancient business. Long before there was a United States military and a Uniform Code of Military Justice, prostitution for invading or occupational forces is as old as the "oldest profession" - prostitution. Some of the oldest armies had such slaves for the men of invading forces. Throughout the world, the United States GI has be in and out of brothels from deployments to the Far East and throughout Europe. In fact, in World War II, a health campaign that warned United States soldiers stated, "You cannot beat the Axis, if you get VD." Shortly after World War II prostitution and patronizing a prostitute became punishable under the UCMJ.

Prostitution and patronizing a prostitute may be committed by males or females and within the military, a member will earn a maximum punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to a year. Pandering others to become prostitutes or patronize a prostitute (also known as pimping) holds a greater punishment and a maximum penalty of five years in prison.

UCMJ Article 134 - (Parole, Violation of)> Prostitution, patronizing, pandering.

(1) Prostitution.

(a) That the accused had sexual intercourse with another person not the accused’s spouse;

(b) That the accused did so for the purpose of receiving money or other compensation;

(c) That this act was wrongful; and

(d) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

(2) Patronizing a Prostitute.

(a) That the accused had sexual intercourse with another person not the accused's spouse;

(b) That the accused compelled, induced, enticed, or procured such person to engage in an act of sexual intercourse in exchange for money or other compensation (Note: if the act was "compelled" on or after October 1, 2007 the offense will be charged under the new Article 120). and

(c) That this act was wrongful; and (d) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces."

(3) Pandering by compelling, inducing, enticing, or procuring act of prostitution. Note: Offenses under this paragraph committed on or after October 1, 2007 will be charged under the new Article 120.

(a) That the accused compelled, induced, enticed, or procured a certain person to engage in an act of sexual intercourse for hire and reward with a person to be directed to said person by the accused;

(b) That this compelling, inducing, enticing, or procuring was wrongful; and (c) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

(4) Pandering (also known as pimping) by arranging or receiving consideration for arranging for sexual intercourse or sodomy.

(a) That the accused arranged for, or received valuable consideration for arranging for, a certain person to engage in sexual intercourse or sodomy with another person;

(b) That the arranging (and receipt of consideration) was wrongful; and (c) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Sodomy
Sodomy for money or compensation is not included in subparagraph b(1). Sodomy may be charged under paragraph 51. Evidence that sodomy was for money or compensation may be a matter in aggravation.

Even members of the military have been charged with prostitution and pandering, it is not just civilians who are instituting the oldest profession. Men and women of the military have been charged with selling sex for money or other value. However, most of the time, when Soldiers, Sailors, Marines, and Airmen are overseas, the temptation of brothels, after a night on the town is something that will place the military member into deep trouble and even jail.

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 97