Congress Moves to Criminalize Military Hazing Under the UCMJ

Congress could soon require the Pentagon to define and prosecute hazing as a distinct offense under the Uniform Code of Military Justice, a move that would represent the most significant expansion of military justice law in recent years for cases involving the abuse of service members by their own comrades.

A provision tucked into the Senate version of the National Defense Authorization Act for fiscal year 2027 would direct the Secretary of Defense and the Joint Service Committee on Military Justice to study whether hazing warrants its own standalone charge under the UCMJ — or at minimum, a specific aggravating factor attached to existing cruelty charges. The proposal, introduced by Sen. Kristen Gillibrand (D-NY), emerged from a broader reform effort that drew support from both chambers after a string of high-profile deaths linked to unit bullying and abuse.

Why the Current System Falls Short

Under existing law, hazing cases are prosecuted under Article 93 of the UCMJ, which broadly prohibits cruelty, oppression, or maltreatment of a subordinate. The charge carries a maximum penalty of three years in prison and a dishonorable discharge. In 2019, Congress amended Article 93 to specifically address abuse of training leadership positions — covering drill instructors and similar roles — with penalties reaching five years.

But military defense lawyers say the current framework leaves significant gaps. The key issue: Article 93 traditionally requires a clear superior-subordinate relationship, and hazing does not always fit that mold. "Hazing doesn't always have to be someone superior to you," said Guy Womack, a retired Marine Corps lieutenant colonel and defense counsel. "This would make it more clear what is being outlawed, and what kind of relationship of superiority or seniority even applies."

The proposal would also require defense officials to produce an official, written definition of hazing — something that does not currently exist in military regulations. Womack said that ambiguity creates real problems in prosecution. "Someone could know in advance what would constitute hazing. Right now, they may think that 'Well, as long as we don't cause someone to bleed or we don't in some way do something that could actually hurt them,'" he said. "They don't have real guidance on that. They're kind of guessing."

Named for the Fallen

The Senate provision traces its lineage to the Harry Lew and Danny Chen Military Justice Reform Act, a bill introduced in the House earlier this year by Rep. Judy Chu (D-Calif.) — Lew's aunt. Army Pvt. Danny Chen and Marine Lance Cpl. Harry Lew both died by suicide while deployed to Afghanistan after being subjected to sustained bullying and abuse from fellow service members in their units.

Eight soldiers were charged in Chen's case. One was acquitted of the most serious charge; others received convictions for hazing and dereliction of duty. Three Marines faced charges in Lew's case. One pleaded guilty to assault; two were acquitted of the most serious charges. The outcomes of both cases drew criticism from reform advocates who argued the military justice system was poorly equipped to address the culture of unit mistreatment that contributed to the deaths.

Chu framed the current legislative effort as a direct response to what she called "a broader culture of military hazing and abuse." In October 2025, Chu and dozens of other lawmakers wrote to Defense Secretary Pete Hegseth following a speech he delivered at Quantico in which he told assembled senior officers that words like "bullying" and "hazing" had been "weaponized and bastardized" inside formations, undercutting commanders and noncommissioned officers. Hegseth in that speech vowed to make basic training "scary, tough and disciplined" and said drill instructors could use methods including bay tossing and shark attacks — within legal bounds.

Where the Bill Goes From Here

The Senate and House are currently working on separate versions of the NDAA. Once both chambers pass their respective bills, conference negotiators will reconcile the differences before a final vote. Lawmakers must pass the defense authorization bill before the start of the fiscal year on October 1, though Congress has historically passed final versions of the NDAA well into the next calendar year.

Whether the hazing provision survives conference negotiations intact remains to be seen. The House version of the NDAA has not yet been released in full, and differences between the two chambers on criminal justice reforms could become sticking points in final negotiations.

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Source: Task & Purpose