UCMJ Article 134 Disorderly Conduct vs Article 116 Breach of Peace: Two Paths to the Same Misconduct
On this page: 5 sections
Breach of the peace under Article 116 requires an act of a violent or turbulent nature that unlawfully disturbs the peace. Disorderly conduct under Article 134 reaches a wider range of behavior, including conduct that offends public decency without any violence, but only when the circumstances make it prejudicial to good order and discipline or service discrediting. The two paths overlap for a loud, turbulent disturbance; they separate at the edges, and their maximum punishments differ.
Article 116 is titled “Riot or breach of peace,” and it covers both offenses.
Breach of the peace under Article 116
Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 916 (Article 116).
The elements of breach of the peace are that the accused caused or participated in an act of a violent or turbulent nature, and that the peace was thereby unlawfully disturbed (MCM, Part IV, ¶ 54.b(2)). The Manual describes it as “an unlawful disturbance of the peace by an outward demonstration of a violent or turbulent nature,” directed at conduct that disturbs “the public tranquility” or “the peace and good order to which the community is entitled” (¶ 54.c(2)). Its examples:
- engaging in an affray;
- unlawfully discharging firearms in a public street;
- loud speech and unruly conduct by the speaker;
- language that can reasonably be expected to produce a violent or turbulent response, if a breach of the peace results.
Truth or provocation is no defense, and tumultuous conduct is not excused because others incited it. “Community” and “public” include a military organization, post, camp, ship, aircraft, or station (¶ 54.c(3)).
Disorderly conduct under Article 134
The elements are that the accused was disorderly (or drunk, or drunk and disorderly) on board ship or elsewhere, and that the conduct was prejudicial to good order and discipline, service discrediting, or both (MCM, Part IV, ¶ 98.b).
Disorderly conduct “is conduct of such a nature as to affect the peace and quiet of persons who may witness it and who may be disturbed or provoked to resentment thereby.” It “includes conduct that endangers public morals or outrages public decency and any disturbance of a contentious or turbulent character” (¶ 98.c(2)). For the higher maximum, service-discrediting circumstances must be alleged in the specification and proved (¶ 98.c(3)).
Where the two paths separate
| Breach of the peace (Article 116) | Disorderly conduct (Article 134) | |
|---|---|---|
| Required conduct | An act of a violent or turbulent nature | Conduct that affects the peace and quiet of witnesses, or endangers public morals or outrages public decency |
| Result | The peace was unlawfully disturbed | Witnesses may be disturbed or provoked to resentment |
| Violence or turbulence | Required | Not required for the public-decency form |
| Terminal element | None | Prejudicial to good order and discipline or service discrediting |
| Maximum | 6 months and two-thirds pay for 6 months | 4 months if service discrediting; 1 month otherwise |
For example, a service member who starts a shoving match with another patron in an on-base club, disrupting the room, commits an act of a turbulent nature that disturbs the peace, which fits breach of the peace under Article 116; the same conduct, alleged as prejudicial or service discrediting, can also be framed as disorderly conduct. Grossly offensive behavior in a crowded public place that outrages onlookers, with no violence at all, sits at the other edge: there is no violent or turbulent act for Article 116, but the conduct can fit disorderly conduct under Article 134 if the terminal element is proved. Which framing a case uses, and whether a particular disturbance was violent or turbulent, are decided on its facts.
When alcohol is involved, the Article 134 offense can be charged as drunk and disorderly, which has its own maximums, including a bad-conduct discharge for drunk and disorderly conduct aboard ship.
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 54.d and ¶ 98.d) |
|---|---|
| Breach of the peace | Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months |
| Riot | Dishonorable discharge, forfeiture of all pay and allowances, 10 years |
| Disorderly conduct, service discrediting | Confinement for 4 months and forfeiture of two-thirds pay per month for 4 months |
| Disorderly conduct, other cases | Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month |
| Drunk and disorderly, aboard ship | Bad-conduct discharge, forfeiture of all pay and allowances, 6 months |
| Drunk and disorderly, service discrediting | Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months |
| Drunk and disorderly, other cases | Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months |
Breach of the peace carries a higher ceiling than disorderly conduct without alcohol; among the Article 134 forms, only drunk and disorderly conduct aboard ship adds a punitive discharge. Where every finding of guilty is for an offense committed after December 27, 2023, the military judge determines the sentence in a general or special court-martial, other than in a capital case (10 U.S.C. § 853(b)(1)).
Sources
- 10 U.S.C. § 916, riot or breach of peace (Article 116)
- 10 U.S.C. § 934, general article (Article 134)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 54 and ¶ 98.
General information on Articles 116 and 134 as written and explained; it does not evaluate any incident or disturbance. This page reflects the UCMJ as amended through Public Law 119-60 (December 18, 2025) and the Manual for Courts-Martial (2024 edition) as amended by Executive Order 14130.