UCMJ Article 134 Obstruction of Justice vs Article 131 Perjury: Impeding Investigations vs Lying Under Oath
On this page: 5 sections
Obstruction of justice has been Article 131b since January 1, 2019, and it no longer carries an Article 134 terminal element. It punishes any wrongful act in the case of a person whom the accused had reason to believe was or would be facing criminal or disciplinary proceedings, done with intent to influence, impede, or obstruct the due administration of justice. Perjury under Article 131 punishes one specific act: willful, corrupt, material false testimony under oath, or a false statement under penalty of perjury, in a judicial proceeding or course of justice.
Obstruction requires a purpose and can be committed by many kinds of acts; perjury requires a particular setting and an oath.
Article 131b: obstructing justice
Any person subject to this chapter who engages in conduct in the case of a certain person against whom the accused had reason to believe there were or would be criminal or disciplinary proceedings pending, with intent to influence, impede, or otherwise obstruct the due administration of justice shall be punished as a court-martial may direct.
Source: 10 U.S.C. § 931b (Article 131b), added by Pub. L. 114-328, § 5445.
The Manual for Courts-Martial explains (MCM, Part IV, ¶ 83.c):
- Timing. The offense “may be based on conduct that occurred before preferral of charges.”
- No result needed. “Actual obstruction of justice is not an element.”
- Proceedings covered. Criminal proceedings include general and special courts-martial and all other criminal proceedings; disciplinary proceedings include summary courts-martial and nonjudicial punishment.
- Examples. Wrongfully influencing, intimidating, impeding, or injuring a witness, a person acting on charges, a preliminary hearing officer, or a party; and, by bribery, intimidation, misrepresentation, or force, delaying or preventing the communication of information about a federal crime to an authorized investigator, or trying to do so.
Intent is an element. Conduct that happens to help someone avoid investigation, without the intent to influence, impede, or obstruct the administration of justice, does not meet the statute.
Article 131: perjury, in brief
Perjury requires that the accused, “in a judicial proceeding or in a course of justice willfully and corruptly,” gave false material testimony under a lawful oath or subscribed a false material statement under penalty of perjury (10 U.S.C. § 931). A court-martial is a judicial proceeding, and an Article 32 preliminary hearing is part of the course of justice (MCM, Part IV, ¶ 81.c(1)). A false sworn statement made outside those settings, under an oath authorized by law, is false swearing under Article 107(b), not perjury.
How the facts sort
| Obstructing justice (Article 131b) | Perjury (Article 131) | |
|---|---|---|
| Conduct | Any wrongful act | False material testimony or statement under oath or penalty of perjury |
| Setting | The case of a person the accused had reason to believe faced or would face proceedings | A judicial proceeding or course of justice |
| Intent | To influence, impede, or obstruct the due administration of justice | Willful and corrupt; the accused did not believe it true |
| Oath | Not required | Required (or a § 1746 statement) |
| Result | Actual obstruction not required | Materiality required |
For example, a service member who texts a witness in a friend’s pending court-martial, offering money to “forget” what the witness saw, fits the elements of obstructing justice whether or not the witness takes the offer. Testifying falsely under oath at the friend’s court-martial about a material fact raises perjury instead, and if the testimony was also meant to derail the prosecution, obstruction as well. A false sworn statement given to an investigator, under an oath authorized by law, raises false swearing; the Manual names courts-martial and Article 32 hearings as perjury settings and does not further define “course of justice,” so whether any other setting qualifies is a question for counsel. Whether the accused had reason to believe proceedings were pending, and what the accused intended, must each be proved, since both are elements of Article 131b.
Maximum punishments
- Obstructing justice: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years (MCM, Part IV, ¶ 83.d).
- Perjury: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years (¶ 81.d).
- False swearing: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years (¶ 41.d(2)).
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. § 931b, obstructing justice (Article 131b)
- 10 U.S.C. § 931, perjury (Article 131)
- 10 U.S.C. § 907, false official statements; false swearing (Article 107)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 41, ¶ 81, and ¶ 83.
General information on Articles 131b and 131; no investigation, witness contact, or testimony is assessed. 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.