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Punitive Articles of the UCMJ

Article 91—Insubordinate conduct toward warrant officer, NCO, or PO

By

Text. “Any warrant officer or enlisted member who—

(1) strikes or assaults a warrant officer, non-commissioned officer, or petty officer, while that officer is in the execution of his office;

(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office; shall be punished as a court-martial may direct.”

Elements.

(1) Striking or assaulting warrant, noncommissioned, or petty officer.

    (a) That the accused was a warrant officer or enlisted member;

    (b) That the accused struck or assaulted a certain warrant, noncommissioned, or petty officer;

    (c) That the striking or assault was committed while the victim was in the execution of office; and

    (d) That the accused then knew that the person struck or assaulted was a warrant, noncommissioned, or petty officer. Note: If the victim was the superior noncommissioned or petty officer of the accused, add the following elements

    (e) That the victim was the superior noncommissioned, or petty officer of the accused; and

    (f) That the accused then knew that the person struck or assaulted was the accused’s superior non-commissioned, or petty officer.

(2) Disobeying a warrant, noncommissioned, or petty officer.

    (a) That the accused was a warrant officer or enlisted member;

    (b) That the accused received a certain lawful order from a certain warrant, noncommissioned, or petty officer;

    (c) That the accused then knew that the person giving the order was a warrant, noncommissioned, or petty officer;

    (d) That the accused had a duty to obey the order; and

    (e) That the accused willfully disobeyed the order.

(3) Treating with contempt or being disrespectful in language or deportment toward a warrant, non-commissioned, or petty officer.

    (a) That the accused was a warrant officer or enlisted member;

    (b) That the accused did or omitted certain acts, or used certain language;

    (c) That such behavior or language was used toward and within sight or hearing of a certain warrant, noncommissioned, or petty officer;

    (d) That the accused then knew that the person toward whom the behavior or language was directed was a warrant, noncommissioned, or petty officer;

    (e) That the victim was then in the execution of office; and

    (f) That under the circumstances the accused, by such behavior or language, treated with contempt or was disrespectful to said warrant, noncommissioned, or petty officer. Note: If the victim was the superior noncommissioned, or petty officer of the accused, add the following elements

    (g) That the victim was the superior noncommissioned, or petty officer of the accused; and

    (h) That the accused then knew that the person toward whom the behavior or language was directed was the accused’s superior noncommissioned, or petty officer.

Explanation.

(1) In general. Article 91 has the same general objects with respect to warrant, noncommissioned, and petty officers as Articles 89 and 90 have with respect to commissioned officers, namely, to ensure obedience to their lawful orders, and to protect them from violence, insult, or disrespect. Unlike Articles 89, and 90, however, this article does not require a superior-subordinate relationship as an element of any of the offenses denounced. This article does not protect an acting noncommissioned officer or acting petty officer, nor does it protect military police or members of the shore patrol who are not warrant, noncommissioned, or petty officers.

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