U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 915

Art. 115. Communicating threats

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(a)Communicating Threats Generally.—Any person subject to this chapter who wrongfully communicates a threat to injure the person, property, or reputation of another shall be punished as a court-martial may direct.(b)Communicating Threat to Use Explosive, etc.—Any person subject to this chapter who wrongfully communicates a threat to injure the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, or (4) a hazardous material, shall be punished as a court-martial may direct.(c)Communicating False Threat Concerning Use of Explosive, etc.—Any person subject to this chapter who maliciously communicates a false threat concerning injury to the person or property of another by use of (1) an explosive, (2) a weapon of mass destruction, (3) a biological or chemical agent, substance, or weapon, or (4) a hazardous material, shall be punished as a court-martial may direct. As used in the preceding sentence, the term “false threat” means a threat that, at the time the threat is communicated, is known to be false by the person communicating the threat.(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 114–328, div. E, title LX, § 5427, Dec. 23, 2016, 130 Stat. 2948.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

915

50:709.

May 5, 1950, ch. 169, § 1 (Art. 115), 64 Stat. 139.

Editorial NotesAmendments

Pub. L. 114–328 amended section generally. Prior to amendment, section related to the offense of malingering. See section 883 of this title.

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions
Cited in 67 cases (40 in the last 5 years), 1959–2026 · leading case: Parker v. Levy, 417 U.S. 733 (1974).
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Parker v. Levy, 417 U.S. 733 (1974). · cites it 2× “115, 10 U. S. C. § 915 . But the other side of the coin is that the penalties provided in the Code vary from death and substantial *750 penal confinement at one extreme to forms of administrative discipline which are below the threshold of what would normally be considered a…”
United States v. Doane, 54 M.J. 978 (A.F.C.C.A. 2001). · cites it 3× “But, the Department of Defense, reacting to legislation enacted by Congress and signed by the President, specifically established the manner in which persons with mental health problems would be treated.”
Meyer v. United States, 127 Fed. Cl. 372 (Fed. Cl. 2016). · cites it 2× “Meyer’s commanding officer, Lieutenant Colonel Christopher Drew, instituted non-judicial punishment proceedings against her on February 15, 2011, accusing her of malingering in violation of Article 115 of the UCMJ, codified at 10 U.S.C. § 915 , which provides: “Any person…”
United States v. Teters, 37 M.J. 370 (1993). “In that case, this Court confronted a similar situation involving offenses of malingering under Article 115, UCMJ, 10 USC § 915 , and possession and use of heroin under Article 134, UCMJ, 10 USC § 934 .”
United States v. Joshua, 607 F.3d 379 (4th Cir. 2010). “§ 893 , and malingering, 10 U.S.C. § 915 . These distinct bodies of criminal law are enforced by different prosecutorial and court systems.”
United States v. Mamaluy, 10 C.M.A. 102 (1959). “This particular crime was alleged under Article 115, Uniform Code of Military Justice, 10 USC § 915 , which, insofar as relevant, provides: “Any person subject to this chapter who for the purpose of avoiding work, duty, or service— (2) intentionally inflicts self injury; shall…”
United States v. Johanns, 17 M.J. 862 (1983). “, Article 115, 10 U.S.C. § 915 ; (10) neglect of duty, see Navy Courts and Boards, section 105, and U.”
United States v. Contreras, 69 M.J. 120 (C.A.A.F. 2010). · cites it 2× “Consider the offense of malingering under Article 115, UCMJ, 10 U.S.C. § 915 (2006). Under the UCMJ, the offense applies to “[a]ny person subject to this chapter.”
United States v. Borys, 18 C.M.A. 547 (1969). “Article 115, Code, supra, 10 USC § 915 . No similar prohibition applies to the generality of the population within or without Federal territories, except as the Federal Assimilative Crimes Act applies in Alabama.”
United States v. Christensen, 45 M.J. 617 (A.C.C.A. 1997). “*618 OPINION OF THE COURT CARTER, Judge: A military judge sitting as a general court-martial convicted the appellant, pursuant to her pleas, of malingering, larceny (five specifications), and making and uttering worthless checks (four specifications) in violation of Articles…”
United States v. Fox, 10 M.J. 176 (1981). “” The legal question presented to the Court, therefore, must turn on the special facts of this case. Considering that the uncontested findings of guilty include malingering, in violation of Article 115, Uniform Code of Military Justice, 10 U.”
United States v. Whitehouse, 14 M.J. 643 (1982). “It is beyond dispute that when the appellant was summoned by Captain Petrone for questioning, he was significantly deprived of his freedom of action such that he was not free to walk away.”
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