UCMJ Articles

UCMJ Article 95a: Disrespect toward sentinel or lookout

Disrespectful behavior detracts from the respect due to the sentinel or lookout. It may consist of acts or language, however, expressed, and it is irrelevant if the accused referred to the sentinel or lookout while on duty or as a private individual. Disrespect by words may be conveyed by abusive epithets or another contemptuous, derogatory, or denunciatory language.

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UCMJ Article 95: Offenses by sentinel or lookout

The behaviors specified in Article 95, drunk on the post, asleep on the post, or leaving the post before being relieved, do not apply to those who are not assigned as a sentinel or lookout, nor does it apply to anyone whose duties do not require constant alertness and attentiveness.

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UCMJ Article 93: Cruelty and Maltreatment

The term “any person subject to his orders” protects those not only under the direct or immediate command of the accused but also all persons who, because of some duty, are required to obey the lawful orders of the accused. Those required to follow the legal orders may or may not be subject to the UCMJ.

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UCMJ Article 92: Failure to Obey Order or Regulation

To be prosecuted for an Article 92 violation of or failure to obey a lawful general order or regulation, the order must have been given by someone with the authority to do so, and the order retained validity after a change of command. The order or regulation must have been lawful and enforceable.

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UCMJ Article 91: Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer

The purpose of Article 91 is to protect warrant, noncommissioned, or petty officers from disrespect and violence, as well as to ensure obedience to their lawful orders. To be charged with violating Article 91, the accused knew the victim was a warrant, noncommissioned, or petty officer. The accused must have also struck, assaulted, disobeyed, or disrespected the officer.

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UCMJ Article 88: Contempt Toward Officials

The MCM states any service member may be prosecuted under Article 88 (Contempt Toward Officials) if they use “contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present.”

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