{"id":39128,"date":"2019-01-15T23:33:19","date_gmt":"2019-01-15T23:33:19","guid":{"rendered":"https:\/\/one.sightlinemg.com\/marinecorpstimes\/uncategorized\/2019\/01\/15\/heres-what-you-need-to-know-about-the-biggest-update-to-ucmj-in-decades\/"},"modified":"2026-08-08T03:27:46","modified_gmt":"2026-08-08T03:27:46","slug":"heres-what-you-need-to-know-about-the-biggest-update-to-ucmj-in-decades","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/marinecorpstimes\/news\/your-marine-corps\/2019\/01\/15\/heres-what-you-need-to-know-about-the-biggest-update-to-ucmj-in-decades\/","title":{"rendered":"Here\u2019s what you need to know about the biggest update to UCMJ in decades"},"content":{"rendered":"\n

Editor\u2019s note: <\/b><\/i>This story has been updated to clarify changes to Article 120, the section in the UCMJ that addresses sexual assault.<\/i><\/p>\n\n\n\n

In 2016, Congress passed a new Military Justice Act<\/a>, calling for a review and reorganization of the Uniform Code of Military Justice<\/a>, the set of rules and regulations <\/a>that dictate criminal offenses for service members and how they are adjudicated.<\/p>\n\n\n\n

Among the changes are new definitions for adultery and intimate partner violence<\/a>, and a specific law against sexual relationships between instructors and trainees.<\/p>\n\n\n\n

The revamped system went live on Jan. 1, the first update to the UCMJ<\/a> since 1984, and, according to officials, the biggest set of changes since the code was enacted after World War II.<\/p>\n\n\n\n

The Military Justice Act of 2016 called on the services\u2019 judge advocate general corps to take a big-picture look at criminal justice in the military, updating some rules and definitions, while changing up some proceedings to streamline processes or to get them in line with civilian federal courts.<\/p>\n\n\n\n

\u201cWe make a lot of changes every year, we always have, to our military justice system,\u201d Army Col. Sara Root, who works in the criminal law division at the Office of the Judge Advocate General, said. \u201cBut they said, \u2018Let\u2019s take a look, and just see how we can make it more efficient, more effective.\u2019\u2009\u201d<\/p>\n\n\n\n

The original UCMJ went into effect in 1951. There were small updates in 1968 and 1984, according to the chief of the Army\u2019s Military Justice Legislation Training Team, but in some ways, it was still \u201ca little bit dated.\u201d<\/p>\n\n\n\n

The judge advocate corps has been training on the new rules for the past year, Root said, with a team traveling to 48 installations and briefing more than 6,000 military lawyers and legal personnel.<\/p>\n\n\n\n

\u201cIn addition to training our corps, our military justice experts are building tools and updating publications,\u201d Lt. Gen. Jeff Rockwell, the Air Force judge advocate general, said in a Jan. 2 news release. \u201cInstallation commanders, convening authorities, chief master sergeants and first sergeants will continue to receive military justice training in formal courses and from their local installation legal offices. Our focus is to ensure a smooth and seamless transition for all airmen.\u201d<\/p>\n\n\n\n

For service members, the most important thing to note is when and how the new rules take effect.<\/p>\n\n\n\n

Offenses committed before Jan. 1 fall under the previous system, so any investigations or proceedings that were underway in 2018 will continue according to those rules. Offenses committed after Jan. 1 fall under the new UCMJ.<\/p>\n\n\n\n

Where it could get complicated is so-called \u201cstraddling offenses,\u201d Root said.<\/p>\n\n\n\n

For instance, if a service member is arrested today on multiple counts of domestic violence that occurred both in 2018 and in the new year, charges would be applied according to when each incident occurred.<\/p>\n\n\n\n

The accused can opt in to the new sentencing rules if they have straddling offenses, Root said, but otherwise commands will have to use the old rules.<\/p>\n\n\n\n

Some of the updates go too far, according to one civilian defense attorney, while, in other places, not far enough.<\/p>\n\n\n\n

\"\"
The 167th Theater Sustainment Command Judge Advocate General section culminated a year-long training exercise Aug. 7-8, 2018, at the Calhoun County Courthouse, Anniston, Alabama. (Sgt. Jeremy Dunkle\/Army)<\/figcaption><\/figure>\n\n\n\n

Some definitions and norms might trip up service members, Sean Timmons, a former Army judge advocate and current managing partner at the law firm Tully Rinckey, said, so they should take care to read about the changes.<\/p>\n\n\n\n

\u201cA lot of behavior that\u2019s legal, or at least acceptable in the civilian world, is criminalized in the military,\u201d Timmons said.<\/p>\n\n\n\n

And while the new Military Justice Act could streamline some of the time and resources it takes to prosecute crimes, he added, there are still some major obstacles to adequately applying UCMJ \u2014 the way then-Defense Secretary Jim Mattis directed the services to in an August memo.<\/p>\n\n\n\t