The Manual for Courts-Martial states any service member may be subject to prosecution if they use provoking or reproachful words or gestures towards any other service member or person subject to the UCMJ.
To be convicted, the prosecution must demonstrate:
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accused wrongfully used words or gestures toward a particular person;
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the words or gestures used were provoking or reproachful; and
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the person toward whom the words or gestures were used was a person subject to the UCMJ.
Understanding Article 117 (Provoking Speeches or Gestures) of the UCMJ
Provoking and reproachful describe words or gestures used in the presence of the person at whom they are directed, which a reasonable person would expect to induce a disturbance of the peace. Reprimands, censures, reproofs, etc., are not considered provoking or reproachful when administered correctly in the interests of training, efficiency, or discipline of those in the armed forces. The accused doesn’t need to know that the person to whom the words or gestures were directed is a person who is subject to the UCMJ.
Maximum Possible Punishment for Violations of Article 117
Service members convicted of violating Article 117 face a maximum possible punishment of confinement for six months and forfeiture of two-thirds pay per month for six months.
How do you defend against Article 117 Provoking Speeches or Gestures charges?
When facing the combined military resources and the current cultural climate, you must be prepared to defend your career and freedom. Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.
If you, or someone you know, is facing Article 117 charges for Provoking Speeches or Gestures, you need to speak with a Military defense attorney immediately. We understand what is at risk and know how to protect your career, freedom, and future.
