petty officer, while that officer is in theexecution of his office;shall be punished as a court-martial may direct.This article has the same general objectives withrespect to warrant officers, noncommissioned officers,and petty officers as articles 89 and 90 have with respectto commissioned officers. Namely, it ensures obedienceto their lawful orders and protects them from violence,insult, or disrespect.Art. 92. Failure to Obey Order or RegulationAny person subject to this chapter who(1) violates or fails to obey any lawfulgeneral order or regulation;(2) having knowledge of any other lawfulorder issued by a member of the armed forces,which it is his duty to obey, fails to obey theorder; or(3) is derelict in the performance of hisduties;shall be punished as a court-martial may direct.A general order or regulation is one that appliesgenerally to an armed force. The President or theSecretary of Defense, the Secretary of Transportation,or the Secretary of a military department may issue it.An officer having general court-martial jurisdiction, ageneral or flag officer in command, or a commandersuperior to one of these may also issue it.Disobedience of “any other lawful order” requiresthat the person must have had a duty to obey the orderand must have had knowledge of the order. An accusedmay be charged with disobedience of the lawful order ofone not a superior, provided the accused had a duty toobey such order. Examples are lawful orders of asentinel or of members of the armed forces police.Dereliction in the performance of duties occurswhen a person willfully or negligently fails to performthem or performs them in a culpably inefficient manner.To be guilty of inefficiency, an accused must have hadthe ability and opportunity to perform the assignedduties efficiently, but performed them inefficientlynevertheless.Art. 93. Cruelty and MaltreatmentAny person subject to this chapter who isguilty of cruelty toward, or oppression ormaltreatment of, any person subject to hisorders shall be punished as a court-martial maydirect.The cruelty, oppression, or maltreatment must bereal, although not necessarily physical. To assault and tosubject to improper punishment are examples of thisoffense. The assignment of necessary or proper dutiesand the requirement for their correct performance willnot constitute this offense even though such duties maybe arduous and/or hazardous.Art. 94. Mutiny or Sedition(a) Any person subject to this chapterwho—(1) with intent to usurp or overridelawful military authority, refuses, in concertwith any other person, to obey orders orotherwise do his duty or creates any violenceor disturbance is guilty of mutiny;(2) with intent to cause the overthrowor destruction of lawful civil authority,creates, in concert with any other person,revolt, violence, or disturbance against thatauthority is guilty of sedition;(3) fails to do his utmost to prevent ands u p p r e s s a m u t i ny o r s e d i t i o n b e i n gcommitted in his presence, or fails to take allreasonable means to inform his superiorcommissioned officer or commanding officerof a mutiny or sedition which he knows or hasreason to believe is taking place, is guilty of afailure to suppress or report a mutiny orsedition.(b) A person who is found guilty ofattempted mutiny, mutiny, sedition, or failure tosuppress or report a mutiny or sedition shall bepunished by death or such other punishment asa court-martial may direct.2-25Student Notes:
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