petty officer, while that officer is in the
execution of his office;
shall be punished as a court-martial may direct.
This article has the same general objectives with
respect to warrant officers, noncommissioned officers,
and petty officers as articles 89 and 90 have with respect
to commissioned officers. Namely, it ensures obedience
to their lawful orders and protects them from violence,
insult, or disrespect.
Art. 92. Failure to Obey Order or Regulation
Any person subject to this chapter who
(1) violates or fails to obey any lawful
general order or regulation;
(2) having knowledge of any other lawful
order issued by a member of the armed forces,
which it is his duty to obey, fails to obey the
order; or
(3)
is derelict in the performance of his
duties;
shall be punished as a court-martial may direct.
A general order or regulation is one that applies
generally to an armed force. The President or the
Secretary of Defense, the Secretary of Transportation,
or the Secretary of a military department may issue it.
An officer having general court-martial jurisdiction, a
general or flag officer in command, or a commander
superior to one of these may also issue it.
Disobedience of “any other lawful order” requires
that the person must have had a duty to obey the order
and must have had knowledge of the order. An accused
may be charged with disobedience of the lawful order of
one not a superior, provided the accused had a duty to
obey such order. Examples are lawful orders of a
sentinel or of members of the armed forces police.
Dereliction in the performance of duties occurs
when a person willfully or negligently fails to perform
them or performs them in a culpably inefficient manner.
To be guilty of inefficiency, an accused must have had
the ability and opportunity to perform the assigned
duties efficiently, but performed them inefficiently
nevertheless.
Art. 93. Cruelty and Maltreatment
Any person subject to this chapter who is
guilty of cruelty toward, or oppression or
maltreatment of, any person subject to his
orders shall be punished as a court-martial may
direct.
The cruelty, oppression, or maltreatment must be
real, although not necessarily physical. To assault and to
subject to improper punishment are examples of this
offense. The assignment of necessary or proper duties
and the requirement for their correct performance will
not constitute this offense even though such duties may
be arduous and/or hazardous.
Art. 94. Mutiny or Sedition
(a) Any person subject to this chapter
who—
(1) with intent to usurp or override
lawful military authority, refuses, 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 disturbance against that
authority is guilty of sedition;
(3) fails to do his utmost to prevent and
s 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 g
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.
2-25
Student Notes:
