Court-Martial Trial Practice Blog
Para. 99 (Article 134, Extramarital sexual conduct) is now with us and extends the UCMJ further into morals offenses.
b. Elements.
(1) That the accused wrongfully engaged in extramarital conduct as described in subparagraph c.(2) with a certain person;
(2) That, at the time, the accused knew that the accused or the other person was married to someone else; and
(3) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.