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Punitive Articles of the UCMJ

Article 94—Mutiny and sedition

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Text.

(a) "Any person subject to this chapter who--

    (1) with intent to usurp or override lawful military authority, refuse, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

    (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;

    (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct."

Elements.

(1) Mutiny by creating violence or disturbance.

    (a) That the accused created violence or a disturbance; and

    (b) That the accused created this violence or disturbance with intent to usurp or override lawful military authority.

(2) Mutiny by refusing to obey orders or perform duty.

    (a) That the accused refused to obey orders or otherwise do the accused's duty;

    (b) That the accused in refusing to obey orders or perform duty acted in concert with another person or persons; and

    (c) That the accused did so with intent to usurp or override lawful military authority.

(3) Sedition.

    (a) That the accused created revolt, violence, or disturbance against lawful civil authority;

    (b) That the accused acted in concert with another person or persons; and

    (c) That the accused did so with the intent to cause the overthrow or destruction of that authority.

(4) Failure to prevent and suppress a mutiny or sedition.


    (a) That an offense of mutiny or sedition was committed in the presence of the accused; and

    (b) That the accused failed to do the accused's utmost to prevent and suppress the mutiny or sedition.

(5) Failure to report a mutiny or sedition.

    (a) That an offense of mutiny or sedition occurred;

    (b) That the accused knew or had reason to believe that the offense was taking place; and

    (c) That the accused failed to take all reasonable means to inform the accused's superior commissioned officer or commander of the offense.

(6) Attempted mutiny.

    (a) That the accused committed a certain overt act;

    (b) That the act was done with specific intent to commit the offense of mutiny;

    (c) That the act amounted to more than mere preparation; and

    (d) That the act apparently tended to effect the commission of the offense of mutiny.

Explanation.

(1) Mutiny. Article 94( a)(1) defines two types of mutiny, both requiring an intent to usurp or override military authority.

    (a) Mutiny by creating violence or disturbance. Mutiny by creating violence or disturbance may be committed by one person acting alone or by more than one acting together.

    (b) Mutiny by refusing to obey orders or perform duties. Mutiny by refusing to obey orders or perform duties requires collective insubordination and necessarily includes some combination of two or more persons in resisting lawful military authority. This concert of insubordination need not be preconceived, nor is it necessary that the insubordination be active or violent. It may consist simply of a persistent and concerted refusal or omission to obey orders, or to do duty, with an insubordinate intent, that is, with an intent to usurp or override lawful military authority. The intent may be declared in words or inferred from acts, omissions, or surrounding circumstances.

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