UCMJ Article 120a Stalking vs Article 134 Harassment: Repeated Pursuit vs Troubling Conduct
On this page: 6 sections
Stalking is an Article 130 offense; the Article 120a number has covered depositing obscene matter in the mail since January 1, 2019. The Article 134 harassment offense in the Manual for Courts-Martial is sexual harassment (MCM, Part IV, ¶ 107a). The two offenses turn on different harms: stalking requires a course of conduct that causes reasonable fear of death or bodily harm, including sexual assault; sexual harassment requires unwelcome conduct of a sexual nature tied to someone’s job or career, or severe, repetitive, or pervasive enough to create a hostile environment.
Emotional distress alone, without fear of death or bodily harm, does not complete the stalking offense.
Article 130: stalking
Article 130(a) applies to any person subject to the UCMJ:
(1) who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner;
(2) who has knowledge, or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner; and
(3) whose conduct induces reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family, to his or her intimate partner, or to his or her dating partner;
Source: 10 U.S.C. § 930(a) (Article 130). “Dating partner” was added by Pub. L. 118-31 (December 22, 2023).
Three requirements must all be met: a reasonable person would fear the harm, the accused knew or should have known the victim would, and the victim actually did. The statute defines the terms (§ 930(b)):
- Conduct includes “use of surveillance, the mails, an interactive computer service, an electronic communication service, or an electronic communication system.”
- Course of conduct means repeated maintenance of visual or physical proximity to a specific person, repeated threats (verbal, written, or implied by conduct), or “a pattern of conduct composed of repeated acts evidencing a continuity of purpose.”
- Repeated means “two or more occasions.”
The Manual adds that “bodily harm” means any offensive touching, however slight, and that a threat can be conveyed indirectly; actual intent to cause bodily harm is not required (MCM, Part IV, ¶ 80.c).
Article 134: sexual harassment
The elements are (MCM, Part IV, ¶ 107a.b):
- the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
- the conduct was unwelcome;
- under the circumstances, the conduct would cause a reasonable person to believe, and a certain person did believe, that submission would be made a term or condition of a person’s job, pay, career, benefits, or entitlements, or would be used as a basis for decisions affecting them; or it was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and
- the conduct was prejudicial to good order and discipline or service discrediting.
The Manual explains that the conduct can occur anywhere, on or off duty, and “may be committed through online or other electronic means”; that “a certain person” includes anyone who by duty or military-related reason may work or associate with the accused, whether or not subject to the UCMJ; and that the accused must actually know the conduct is sexual, though actual knowledge is not required for the other elements (¶ 107a.c).
How the facts sort
| Stalking (Article 130) | Sexual harassment (Article 134) | |
|---|---|---|
| Harm required | Reasonable fear, and actual fear, of death or bodily harm, including sexual assault | A job-linked belief, or a hostile working environment |
| Pattern | A course of conduct: two or more occasions | Not required if the conduct is severe enough; repetition is one route |
| Sexual content | Not required | Required |
| Knowledge | Knew or should have known the victim would be placed in fear | Actual knowledge that the conduct was sexual |
| Terminal element | None | Prejudicial or service discrediting |
For example, a service member who repeatedly follows a former partner home, parks outside the apartment at night, and sends messages saying “I know where you are,” causing the former partner to fear being hurt, raises stalking under Article 130. A supervisor who sends a subordinate repeated unwelcome sexual messages that the subordinate reasonably takes as linked to a pending evaluation, but that carry no threat of harm, presents the other offense: the fear element of stalking is missing, and the conduct raises sexual harassment under Article 134. Whether a course of conduct would cause a reasonable person to fear harm, and whether the victim did, are separate questions, and the statute requires a yes to both.
Maximum punishments
| Offense | Maximum (MCM, Part IV, ¶ 80.d and ¶ 107a.d) |
|---|---|
| Stalking | Dishonorable discharge, forfeiture of all pay and allowances, 3 years |
| Sexual harassment | Dishonorable discharge, forfeiture of all pay and allowances, 2 years |
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)).
Who decides whether the case goes forward
Stalking is a covered offense (10 U.S.C. § 801(17)), handled for offenses after December 27, 2023 by a special trial counsel with exclusive authority over referral, dismissal, and plea agreements (10 U.S.C. § 824a(c)). The standalone Article 134 offense of sexual harassment is also a covered offense “in each instance in which a formal complaint is made and such formal complaint is substantiated in accordance with regulations” (10 U.S.C. § 801(17)(A)); that addition applies to offenses committed after January 1, 2025 (Pub. L. 117-263, § 541(b)).
Sources
- 10 U.S.C. § 930, stalking (Article 130)
- 10 U.S.C. § 934, general article (Article 134)
- 10 U.S.C. § 920a, mails: deposit of obscene matter (Article 120a)
- 10 U.S.C. § 801, definitions (Article 1)
- 10 U.S.C. § 824a, special trial counsel (Article 24a)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 80 and ¶ 107a.
General legal information on stalking and sexual harassment under the UCMJ; it does not assess any report or relationship. 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.