New Legislation Seeks to Establish Military Hazing as a Distinct Criminal Offense

Representative Judy Chu has introduced the Harry Lew and Danny Chen Military Justice Reform Act to address the systemic issue of hazing within the armed forces. The proposed legislation calls for the Joint Service Committee on Military Justice to evaluate whether hazing should be classified as a standalone crime under the Uniform Code of Military Justice. Currently, prosecutors must rely on existing articles covering assault or the maltreatment of subordinates to charge offenders, which some argue does not sufficiently address the specific nature of hazing.

The bill is named in honor of Lance Cpl. Harry Lew and Army Pvt. Danny Chen, both of whom died by suicide in 2011 following brutal hazing and harassment. Lew was subjected to physical battery and sand poured into his face in Afghanistan, while Chen endured racial slurs and was forced to crawl over gravel while others threw rocks at him. These tragedies serve as the primary motivation for the legislation, with the families of the victims seeking to prevent similar senseless deaths.

This legislative push comes amid a contentious debate over military training standards. Secretary of War Pete Hegseth has recently advocated for more rigorous boot camp training, suggesting that definitions of bullying and hazing have been overly broadened. While Hegseth maintains that high standards are necessary for soldiering, Representative Chu and other lawmakers express concern that such rhetoric could inadvertently validate physical abuse and torture under the guise of training.

The bill is cosponsored by several members of Congress and includes a companion bill in the Senate. If passed, the resulting report to Congress could lead to a fundamental shift in how the military defines and prosecutes hazing. This would create a clearer legal framework for holding perpetrators accountable regardless of their rank or the specific nature of the abuse.