UCMJ Article 114 Endangerment Offenses

UCMJ Article 114 Endangerment Offenses may apply to service members accused of endangering others or themselves to include firearms offenses.

(a)    Reckless Endangerment.-Any person subject to this chapter who engages in conduct that-

1. 1. is wrongful and reckless or is wanton;
   2. and is likely to produce death or grievous bodily harm to another person;

shall be punished as a court-martial may direct.

(b)   Dueling.-Any person subject to this chapter-

1. 1. who fights or promotes, or is concerned in or connives at fighting, a duel; or
   2. who, having knowledge of a challenge sent or about to be sent, fails to report the facts promptly to the proper authority;

shall be punished as a court-martial may direct.

(c)   Firearm Discharge, Endangering Human Life.- Any person subject to this chapter who, willfully and wrongly, discharges a firearm, under circumstances such as to endanger human life shall be punished as a court-martial may direct.

(d)   Carrying Concealed Weapon.-Any person subject to this chapter who unlawfully carries a dangerous weapon concealed on or about his person

shall be punished as a court-martial may direct.

UCMJ Article 114 Endangerment Offenses is an update to the Manual for Courts Martial. Article 114 previously only covered the antiquated offense of Dueling, but was updated to incorporate endangerment offenses that used to fall under UCMJ Article 134. Circumstances and potential penalties vary among individual cases for those charged with UCMJ Article 114 Endangerment offenses. For more information on this offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.