UCMJ Article 131b Subornation of Perjury vs Article 131 Perjury: Causing Others to Lie vs Lying Yourself
On this page: 6 sections
Subornation of perjury is Article 131a; Article 131b has covered obstructing justice since both articles took effect on January 1, 2019. The suborner’s guilt depends on what the other person does: Article 131a requires that the person induced actually take a lawful oath and willfully make a material false statement that neither of them believes. Perjury under Article 131 is the witness’s own offense, committed in a judicial proceeding or course of justice.
Article 131a
Article 131a applies to any person subject to the UCMJ who “induces and procures another person … (1) to take an oath; and (2) to falsely testify, depose, or state upon such oath,” if these conditions are satisfied:
(1) The oath is administered with respect to a matter for which such oath is required or authorized by law.
(2) The oath is administered by a person having authority to do so.
(3) Upon the oath, the other person willfully makes or subscribes a statement.
(4) The statement is material.
(5) The statement is false.
(6) When the statement is made or subscribed, the person subject to this chapter and the other person do not believe that the statement is true.
Source: 10 U.S.C. § 931a(b) (Article 131a), added by Pub. L. 114-328, § 5444.
“Induce and procure” means “to influence, persuade, or cause,” and “oath” includes affirmation (MCM, Part IV, ¶ 82.c(2)-(3)). The Manual applies the perjury principles of ¶ 81.c to this offense as well (¶ 82.c(1)).
Perjury, in brief
Article 131 reaches a person who, “in a judicial proceeding or in a course of justice willfully and corruptly,” gives false testimony material to the issue upon a lawful oath, or subscribes a false material statement under penalty of perjury as permitted by 28 U.S.C. § 1746 (10 U.S.C. § 931). A trial by court-martial is a judicial proceeding, and a preliminary hearing under Article 32 is part of the course of justice (¶ 81.c(1)).
The Manual’s explanation includes several rules that also govern subornation cases:
- Materiality. The false testimony must concern a material matter, but not necessarily the main issue; false testimony about a material witness’s credibility can qualify (¶ 81.c(2)(b)).
- Belief. A witness can commit perjury by swearing to the truth of something the witness knows nothing about or is unsure of (¶ 81.c(2)(a)).
- Proof of falsity. Falsity cannot be proved by circumstantial evidence alone, except for matters not susceptible of direct proof, and not by a single witness unless that testimony directly contradicts the statement and is corroborated (¶ 81.c(2)(c)).
Where the two offenses differ
| Subornation of perjury (Article 131a) | Perjury (Article 131) | |
|---|---|---|
| Who commits it | The person who induces and procures | The person who testifies or subscribes |
| Setting of the oath | Any matter in which an oath is required or authorized by law | A judicial proceeding or course of justice |
| Must a false statement actually be made | Yes, by the other person, willfully and upon the oath | Yes, by the accused |
| Belief | Neither the accused nor the other person believes the statement is true | The accused does not believe it is true |
The setting row matters. Article 131a is written around an oath “required or authorized by law,” not around a judicial proceeding. A statement procured under such an oath outside any court-martial or course of justice can still satisfy Article 131a, though the other person’s own offense in that setting may be false swearing under Article 107(b) rather than perjury.
When the other person does not lie
Because the statute requires that the other person willfully make a false statement that neither believes, an unsuccessful attempt to get someone to lie does not complete Article 131a. If the witness refuses, or testifies truthfully, conditions (3) and (5) are not met. Whether such conduct is chargeable under another article, such as attempt (Article 80), solicitation (Article 82), or obstructing justice (Article 131b), depends on its facts and is a question for counsel.
For example, a service member who persuades a friend to swear at an Article 32 preliminary hearing that the two were together on the night in question, when both know they were not, satisfies the Article 131a conditions once the friend gives that testimony, and the friend faces the Article 131 elements. If the friend agrees but then tells the truth on the stand, the statement is not false, so neither Article 131a nor Article 131 is complete. Materiality and each person’s belief are proved like other elements; for perjury, the Manual allows the accused’s disbelief to be shown by one witness without corroboration (¶ 81.c(2)(e)).
Maximum punishments
- Perjury: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years (MCM, Part IV, ¶ 81.d).
- Subornation of perjury: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years (¶ 82.d).
The suborner and the witness face the same ceiling. 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. § 931a, subornation of perjury (Article 131a)
- 10 U.S.C. § 931, perjury (Article 131)
- 10 U.S.C. § 931b, obstructing justice (Article 131b)
- 10 U.S.C. § 853, findings and sentencing (Article 53)
- Manual for Courts-Martial, United States (2024 edition), Part IV, ¶ 81 and ¶ 82.
The offenses are explained from the statutes and the Manual; no testimony or statement in a real case 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.