Article 88 — Contempt toward officials | Manual for Courts-Martial

Part IV · Punitive Articles

Article 88. Contempt toward officials · MCM ¶ 14

2024 Manual for Courts-Martial, United States

(a) Text of statute. Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

(b) Elements.

(1) That the accused was a commissioned officer of the United States armed forces;

(2) That the accused used certain words against an official or legislature named in the article;

(3) That by an act of the accused these words came to the knowledge of a person other than the accused; and

(4) That the words used were contemptuous, either in themselves or by virtue of the circumstances under which they were used.

Practice Note

[Note: If the words were against a Governor or legislature, add the following element]

(5) That the accused was then present in the State, Commonwealth, or possession of the Governor or legislature concerned.

(c) Explanation. The official or legislature against whom the words are used must be occupying one of the offices or be one of the legislatures named in Article 88 at the time of the offense. Neither “Congress” nor “legislature” includes its members individually. “Governor” does not include “lieutenant governor.” It is immaterial whether the words are used against the official in an official or private capacity. If not personally contemptuous, adverse criticism of one of the officials or legislatures named in the article in the course of a political discussion, even though emphatically expressed, may not be charged as a violation of the article. Similarly, expressions of opinion made in a purely private conversation should not ordinarily be charged. Giving broad circulation to a written publication containing contemptuous words of the kind made punishable by this article, or the utterance of contemptuous words of this kind in the presence of military subordinates, aggravates the offense. The truth or falsity of the statements is immaterial.

(d) Maximum punishment. Dismissal, forfeiture of all pay and allowances, and confinement for 1 year.

(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location), on or about _____ 20 __, [use (orally and publicly) (_____) the following contemptuous words] [in a contemptuous manner, use (orally and publicly) (__________) the following words] against the [(President) (Vice President) (Congress) (Secretary of _____)] [(Governor) (legislature) of the (State of _____) (________), a (State) (__________) in which (he) (she), the said __________, was then (on duty), (present)], to wit: “__________,” or words to that effect.

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3a-14-1CONTEMPT TOWARD OFFICIALS

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

Dismissal, TF, 1 year. (Category 1)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________ [use (orally and publicly) (__________) the following contemptuous words] [in a contemptuous manner, use (orally and publicly) (__________) the following words] against the [(President) (Vice President) (Congress) (Secretary of __________)] [(Governor) (legislature) of the (State of __________) (__________), a (State) (__________) in which (he) (she), the said __________ was then (on duty) (present)], to wit: “__________,” or words to that effect.

Elements

(1) That the accused was a commissioned officer of the United States armed forces;

(2) That (state the time and place alleged), the accused (used orally and publicly) (caused to be published or circulated writings containing) certain words against the:

(a) (President) (Vice President) (Congress) (Secretary of __________); or

(b) (Governor) (legislature) of the (State of __________) (Commonwealth of __________) (__________a possession of the United States), a (State) (Commonwealth) (possession) in which the accused was then (on duty) (present);

(3) That these words were (state the words alleged) or words to that effect;

(4) That, by an act of the accused, these words came to the knowledge of a person other than the accused; and

(5) That the words used were contemptuous (in themselves) (or) (by virtue of the circumstances under which they were used).

NOTE 2. If the words were against a Governor or legislature, add the following element:

(6) That the Accused was then present in the State, Commonwealth, or possession of the Governor or legislature concerned.

Definitions & other instructions

“Contemptuous” means words, used against an official in either their official or private capacity, which are insulting, rude, and disdainful conduct, or which otherwise disrespectfully attribute to another a quality of meanness, disreputableness, or worthlessness. The truth or falsity of the statement(s) is immaterial.

Source: Instruction 3a-14-1 · view original on jagcnet.army.mil