(2) Knowledge. All of the offenses prohibited by Article 91 require that the accused have actual knowledge that the victim was a warrant, noncom missioned, or petty officer. Actual knowledge may be proved by circumstantial evidence.
(3) Striking or assaulting a warrant, noncommissioned, or petty officer. For a discussion of “strikes” and “in the execution of office,” see paragraph 14c. For a discussion of “assault,” see paragraph 54c. An assault by a prisoner who has been discharged from the service, or by any other civilian subject to military law, upon a warrant, noncommissioned, or petty officer should be charged under Article 128 or 134.
(4) Disobeying a warrant, noncommissioned, or petty officer. See paragraph 14c(2), for a discussion of lawfulness, personal nature, form, transmission, and specificity of the order, nature of the disobedience, and time for compliance with the order.
(5) Treating with contempt or being disrespectful in language or deportment toward a warrant, non-commissioned, or petty officer. “Toward” requires that the behavior and language be within the sight or hearing of the warrant, noncommissioned, or petty officer concerned. For a discussion of “in the execution of his office,” see paragraph 14c. For a discussion of disrespect, see paragraph 13c.
Lesser included offenses.
(1) Striking or assaulting warrant, noncommissioned, or petty officer in the execution of office.
(a) Article 128—assault; assault consummated by a battery; assault with a dangerous weapon
(b) Article 128—assault upon warrant, non-commissioned, or petty officer not in the execution of office
(c) Article 80—attempts
(2) Disobeying a warrant, noncommissioned, or petty officer.
(a) Article 92—failure to obey a lawful order
(b) Article 80—attempts
(3) Treating with contempt or being disrespectful in language or deportment toward warrant, noncommissioned, or petty officer in the execution of office.
(a) Article 117—using provoking or reproachful speech
(b) Article 80—attempts
Maximum punishment.
(1) Striking or assaulting warrant officer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(2) Striking or assalting superior noncommissioned or petty officer. Dishonorable discharge, for-feiture of all pay and allowances, and confinement for 3 years.
(3) Striking or assaulting other noncommissioned or petty officer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(4) Willfully disobeying the lawful order of a warrant officer. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.
(5) Willfully disobeying the lawful order of a noncommissioned or petty officer. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(6) Contempt or disrespect to warrant officer. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 9 months.
(7) Contempt or disrespect to superior noncommissioned or petty officer. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
(8) Contempt or disrespect to other noncommissioned or petty officer. Forfeiture of two-thirds pay per month for 3 months, and confinement for 3 months.
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Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 15
