(2) Sedition. Sedition requires a concert of action in resistance to civil authority. This differs from mutiny by creating violence or disturbance. See subparagraph c(1)( a) above.
(3) Failure to prevent and suppress a mutiny or sedition. "Utmost" means taking those measures to prevent and suppress a mutiny or sedition which may properly be called for by the circumstances, including the rank, responsibilities, or employment of the person concerned. "Utmost" includes the use of such force, including deadly force, as may be reasonably necessary under the circumstances to prevent and suppress a mutiny or sedition.
(4) Failure to report a mutiny or sedition. Failure to "take all reasonable means to inform" includes failure to take the most expeditious means available. When the circumstances known to the accused would have caused a reasonable person in similar circumstances to believe that a mutiny or sedition was occurring, this may establish that the accused had such "reason to believe" that mutiny or sedition was occurring. Failure to report an impending mutiny or sedition is not an offense in violation of Article 94. But see
paragraph 16c(3), (dereliction of duty).
(5) Attempted mutiny. For a discussion of attempts, see
paragraph 4.
Lesser included offenses.
(1) Mutiny by creating violence or disturbance.
(a)
Article 90--assault on commissioned officer
(b)
Article 91--assault on warrant, noncommissioned, or petty officer
(c) Article 94--attempted mutiny
(d)
Article 116--riot; breach of peace
(e)
Article 128--assault
(f)
Article 134--disorderly conduct
(2) Mutiny by refusing to obey orders or perform duties.
(a)
Article 90--willful disobedience of commissioned officer
(b)
Article 91--willful disobedience of warrant, noncommissioned, or petty officer
(c)
Article 92--failure to obey lawful order
(d) Article 94--attempted mutiny
(3) Sedition.
(a)
Article 116--riot; breach of peace
(b)
Article 128--assault
(c)
Article 134--disorderly conduct
(d)
Article 80--attempts
Maximum punishment.
For all offenses under Article 94, death or such other punishment as a court-martial may direct.
Next Article> Article 95-Resistance, flight, breach of arrest, and escape >
Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 18
