1. Careers
Send to a Friend via Email
Punitive Articles of the UCMJ
Article 93—Cruelty and maltreatment
 More of this Feature
• Punitive Articles Menu
• Complete UCMJ
 Join the Discussion
Military Law
 Related Resources
• Court Martials
• Nonjudicial Punishment (Art 15)
• Administrative Discharges
• Military Lawyers
• Manual for Courts Martial (MCM)
 
 From Other Guides
• Crime & Punishment
• Current Events: Law
• Government
• US Government Info 

Text.

"Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct."

Elements.

(1) That a certain person was subject to the orders of the accused; and

(2) That the accused was cruel toward, or oppressed, or maltreated that person.

Explanation.

(1) Nature of victim. "Any person subject to his orders" means not only those persons under the direct or immediate command of the accused but extends to all persons, subject to the code or not, who by reason of some duty are required to obey the lawful orders of the accused, regardless whether the accused is in the direct chain of command over the person.

(2) Nature of act. The cruelty, oppression, or maltreatment, although not necessarily physical, must be measured by an objective standard. Assault, improper punishment, and sexual harassment may constitute this offense. Sexual harassment includes influencing, offering to influence, or threatening the career, pay, or job of another person in exchange for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature. The imposition of necessary or proper duties and the exaction of their performance does not constitute this offense even though the duties are arduous or hazardous or both.

Lesser included offense.

Article 80--attempts

Maximum punishment.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Next Article > Article 94—Mutiny and sedition >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 17

 

Subscribe to the Newsletter
Name
Email

You can opt-out at any time. Please refer to our privacy policy for contact information.

Discuss in my forum

©2014 About.com. All rights reserved.