Article 89 — Disrespect toward superior commissioned officer; assault of superior commissioned officer

Part IV · Punitive Articles

Article 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer · MCM ¶ 15

2024 Manual for Courts-Martial, United States

(a) Text of statute.

(a) DISRESPECT.— Any person subject to this chapter who behaves with disrespect toward that person’s superior commissioned officer shall be punished as a court-martial may direct.

(b) ASSAULT.— Any person subject to this chapter who strikes that person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer’s office shall be punished—

(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and

(2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

(b) Elements.

(1) Disrespect toward superior commissioned officer.

(a) That the accused did or omitted certain acts or used certain language to or concerning a certain commissioned officer;

(b) That such behavior or language was directed toward that officer;

(c) That the officer toward whom the acts, omissions, or words were directed was the superior commissioned officer of the accused;

(d) That the accused then knew that the commissioned officer toward whom the acts, omissions, or words were directed was the accused’s superior commissioned officer; and

(e) That, under the circumstances, the behavior or language was disrespectful to that commissioned officer.

(2) Striking or assaulting superior commissioned officer.

(a) That the accused struck, drew, or lifted up a weapon against, or offered violence against, a certain commissioned officer;

(b) That the officer was the superior commissioned officer of the accused;

(d) That the superior commissioned officer was then in the execution of office.

Practice Note

[Note: if the offense was committed in time of war, add the following element]

(e) That the offense was committed in time of war.

(1) Superior Commissioned Officer. See 10 U.S.C. § 801(5) (“The term ‘superior commissioned officer’ means a commissioned officer superior in rank or command.”).

(2) Disrespect toward superior commissioned officer.

(a) Knowledge. If the accused did not know that the person against whom the acts or words were directed was the accused’s superior commissioned officer, the accused may not be convicted of a violation of this article. Knowledge may be proved by circumstantial evidence.

(b) Disrespect. Disrespectful behavior is that which detracts from the respect due the authority and person of a superior commissioned officer. It may consist of acts or language, however expressed, and it is immaterial whether they refer to the superior as an officer or as a private individual. Disrespect by words may be conveyed by abusive epithets or other contemptuous or denunciatory language. Truth is no defense. Disrespect by acts includes neglecting the customary salute, or showing a marked disdain, indifference, insolence, impertinence, undue familiarity, or other rudeness in the presence of the superior officer.

(c) Presence. It is not essential that the disrespectful behavior be in the presence of the superior, but ordinarily one should not be held accountable under this article for what was said or done in a purely private conversation.

(d) Special defense — unprotected victim . A superior commissioned officer whose conduct in relation to the accused under all the circumstances departs substantially from the required standards appropriate to that officer’s rank or position under similar circumstances loses the protection of this article. That accused may not be convicted of being disrespectful to the officer who has so lost the entitlement to respect protected by Article 89.

(3) Striking or assaulting superior commissioned officer.

(a) Superior commissioned officer. The definition in subparagraph 15.c.(1) of this paragraph, applies here.

(b) Knowledge. The explanation in subparagraph 15.c.(2)(a) of this paragraph applies here.

(c) Strikes. “Strikes” means an intentional contact and includes any offensive touching of the person of an officer, however slight.

(d) Draws or lifts up any weapon against. The phrase “draws or lifts up any weapon against” covers any simple assault committed in the manner stated. The drawing of any weapon in an aggressive manner or the raising or brandishing of the same in a threatening manner in the presence of and at the superior is the sort of act proscribed. The raising in a threatening manner of a firearm, whether or not loaded, of a club, or of anything by which a serious blow or injury could be given is included in “lifts up.”

(e) Offers any violence against. The phrase “offers any violence against” includes any form of battery or of mere assault not embraced in the preceding more specific terms “strikes” and “draws or lifts up.” If not executed, the violence must be physically attempted or menaced. A mere threatening in words is not an offering of violence in the sense of this article.

(f) Execution of office. An officer is in the execution of office when engaged in any act or service required or authorized by treaty, statute, regulation, the order of a superior, or military usage. In general, any striking or use of violence against any superior commissioned officer by a person over whom it is the duty of that officer to maintain discipline at the time, would be striking or using violence against the officer in the execution of office. The commanding officer on board a ship or the commanding officer of a unit in the field is generally considered to be on duty at all times.

(g) Defenses. In a prosecution for striking or assaulting a superior commissioned officer in violation of this article, it is a defense that the accused acted in the proper discharge of some duty, or that the victim behaved in a manner toward the accused such as to lose the protection of this article ( see subparagraph 15.c.(2)(d)). For example, if the victim initiated an unlawful attack on the accused, this would deprive the victim of the protection of this article, and, in addition, could excuse any lesser included offense of assault as done in self-defense, depending on the circumstances ( see subparagraph 77.c.; R.C.M. 916(e)).

(d) Maximum punishment.

(1) Disrespect toward superior commissioned officer in command. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(2) Disrespect toward superior commissioned officer superior in rank. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

(3) Striking, drawing or lifting up a weapon or offering any violence to superior commissioned officer in execution of office in time of war. Death or such other punishment as a court-martial may direct.

(4) Striking, drawing or lifting up a weapon or offering any violence to superior commissioned officer in execution of office at any other time. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

(e) Sample specifications.

(1) Disrespect toward superior commissioned officer. In that _________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, behave himself/herself with disrespect toward _______ , (his) (her) superior commissioned officer (in command) (in rank), then known by the said _________ to be (his) (her) superior commissioned officer (in command) (in rank), by (saying to (him) (her) “_________,” or words to that effect) (contemptuously turning from and leaving (him) (her) while (he) (she), the said ________, was talking to (him) (her), the said ________) (_________).

(2) Striking superior commissioned officer. In that ________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20 ________, (a time of war) strike ________, (his) (her) superior commissioned officer (in command) (in rank), then known by the said ________ to be (his) (her) superior commissioned officer (in command) (in rank), who was then in the execution of (his) (her) office, (in) (on) the ________ with (a) ((his) (her)) ________.

(3) Drawing or lifting up a weapon against superior commissioned officer. In that ________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20 __, (a time of war) (draw) (lift up) a weapon, to wit: a ________, against ________, (his) (her) superior commissioned officer (in command) (in rank), then known by the said ________ to be (his) (her) superior commissioned officer (in command) (in rank), who was then in the execution of (his) (her) office.

(4) Offering violence to superior commissioned officer. In that ________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20 __, (a time of war) offer violence against ________, his/ her superior commissioned officer (in command) (in rank), then known by the said ________ to be (his) (her) superior commissioned officer (in command) (in rank), who was then in the execution of (his) (her) office, by ________.

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

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

(1) Toward superior commissioned officer in command: BCD, TF, 1 year, E-1. (Category 1)

(2) Toward superior commissioned officer in rank: BCD, TF, 6 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, behave himself/herself with disrespect toward __________, (his) (her) superior commissioned officer (in command) (in rank), then known by the said ___________ to be (his) (her) superior commissioned officer (in command) (in rank), by (saying to (him) (her) “_________,” or words to that effect) (contemptuously turning from and leaving (him) (her) while (he) (she), the said ___________, was talking to (him) (her), the said __________) (__________).

Elements

(1) That (state the time and place alleged), the accused [(did) (omitted) (a) certain act(s)] [used certain language] concerning (state the name and rank of the alleged officer), to wit: ________;

(2) That such (behavior) (language) was directed toward (state name and rank of the alleged officer);

(3) That (state name and rank of the alleged officer) was the superior commissioned officer in (rank) (and) (command) of the accused;

(4) That the accused then knew that (state name and rank of the alleged officer) was (his) (her) superior commissioned officer; and

(5) That, under the circumstances, the (behavior) (language), was disrespectful to (state name and rank of the alleged officer).

Definitions & other instructions

“Superior commissioned officer” means a commissioned officer superior in rank or command.

“Disrespectful behavior” is behavior that detracts from the respect due the authority and person of a superior commissioned officer. It may consist of acts or language, however expressed, and it is immaterial whether they refer to the superior as an officer or as a private individual.

(Disrespect by words may be conveyed by abusive epithets or other contemptuous or denunciatory language. Truth is no defense.)

(Disrespect by acts includes neglecting the customary salute, or showing a marked disdain, indifference, insolence, impertinence, undue familiarity, or other rudeness in the presence of the superior officer.)

NOTE 2. Disrespect outside the presence of the victim. If the alleged disrespectful behavior did not occur in the presence of the officer-victim, give the following instruction:

It is not essential that the disrespectful behavior be in the presence of the superior, but ordinarily one should not be held accountable under this article for what was said or done in a purely private conversation.

NOTE 3. Divestiture of status raised. When the issue has arisen as to whether the officer has conducted himself or herself in a manner which divested that officer of his or her status as a superior officer, the following instruction should be given:

The evidence has raised an issue as to whether (state the name and rank of the officer alleged) conducted himself/herself prior to the offense of disrespect to a superior commissioned officer in a manner which took away his/her status as a superior commissioned officer to the accused. An officer whose own (language) (and) (conduct) under all the circumstances departs substantially from the required standards of an officer and a (gentleman) (gentlewoman) appropriate for that officer’s rank and position under similar circumstances is considered to have abandoned that rank and position.

In determining this issue you must consider all the relevant facts and circumstances (including but not limited to (here the military judge may specify significant evidentiary factors bearing on the issue and indicate the respective contentions of counsel for both sides)).

You may find the accused guilty of the offense of (specify the offense(s) alleged) only if you are satisfied beyond a reasonable doubt that (state the name and rank of the officer) by his/her (conduct) (and) (language) did not abandon his/her status as a superior commissioned officer of the accused.

NOTE 4. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.

Source: Instruction 3a-15-1 · view original on jagcnet.army.mil

Maximum punishment

(1) In time of war: Death (Criteria)

(2) All other times: DD, TF, 10 years, E-1. (Category 2)

b. SAMPLE SPECIFICATIONS:

Striking superior commissioned officer:

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (a time of war) strike __________, (his) (her) superior commissioned officer (in command) (in rank), then known by the said ________ to be (his) (her) superior commissioned officer (in command) (in rank), who was then in the execution of (his) (her) office, (in) (on) the ________ with (a) ((his) (her)) ________.

Drawing or lifting up a weapon against superior commissioned officer:

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (a time of war) (draw) (lift up) a weapon, to wit: a ________, against ________, (his) (her) superior commissioned officer (in command) (in rank), then known by the said ________ to be (his) (her) superior commissioned officer (in command) (in rank), who was then in the execution of (his) (her) office.

Offering violence to superior commissioned officer:

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (a time of war) offer violence against ________, against ________, his/her superior commissioned officer (in command) (in rank), then known by the said ________ to be (his) (her) superior commissioned officer (in command) (in rank), who was then in the execution of (his) (her) office, by ________.

Elements

(1) That (state the time and place alleged), the accused

(a) struck (state the name and rank of the alleged victim) (in) (on) ________ with ________;

(b) (drew) (lifted up) a weapon against (state the name and rank of the alleged victim), to wit: (state the weapon alleged);

(2) That (state the name and rank of the alleged victim) was the superior commissioned officer of the accused;

(3) That the accused then knew that (state the name and rank of the alleged victim) was (his) (her) superior commissioned officer; and

(4) That (state the name and rank of the alleged victim) was then in the execution of his/her office; [and]

NOTE 2. Aggravating factor alleged. In the event the aggravating factor is alleged, the military judge must advise the court members of the aggravating factor as an element.

((5)) That the offense was committed in time of war.

Definitions & other instructions

“Superior commissioned officer” means a commissioned officer superior in rank or command.

An officer is in the execution of office when engaged in any act or service required or authorized by treaty, statute, regulation, the order of a superior, or military usage. In general, any striking or use of violence against any superior commissioned officer by a person over whom it is the duty of that officer to maintain discipline at the time, would be striking or using violence against the officer in the execution of office.

(The commanding officer (on board a ship) (of a unit in the field) is generally considered to be on duty at all times.)

(“Struck” means an intentional contact and includes any offensive touching of the person of an officer, however slight.)

(The phrase “(drew) (lifted up) a weapon against” includes the drawing of any weapon in an aggressive manner or the raising or brandishing of the same in a threatening manner in the presence of and at the superior. (The phrase “lifted up” includes the raising in a threatening manner of a firearm, whether or not loaded, of a club, or of anything by which a serious blow or injury could be given.))

(“Offered violence against” includes any type of assault.)

NOTE 3. Defining assault. When necessary, the judge should supplement these instructions with appropriately tailored instructions on “assault” and “assault consummated by battery.” See para. 3-52-1 and 3-52-2.

NOTE 4. Divestiture of status raised. When the issue has arisen as to whether the officer has conducted himself or herself in a manner which divested that officer of his or her status as a superior officer, the following instruction should be given:

The evidence has raised an issue as to whether (state the name and rank of the officer alleged) conducted himself/herself prior to the charged offense in a manner which took away his/her status as a superior commissioned officer of the accused acting in the execution of his/her office. A superior commissioned officer whose own (language) (and) (conduct) under all the circumstances departs substantially from the required standards of an officer and a (gentleman) (gentlewoman) appropriate for that superior commissioned officer’s rank and position under similar circumstances is considered to have abandoned that rank and position.

In determining this issue, you must consider all the relevant facts and circumstances (including but not limited to (here the military judge may specify significant evidentiary factors bearing on the issue and indicate the respective contentions of counsel for both sides)).

You may find the accused guilty of (specify the offense(s)) only if you are satisfied beyond a reasonable doubt that (state the name and rank of the officer alleged) by his/her (conduct) (and) (language) did not abandon his/her status as a superior commissioned officer of the accused acting in the execution of his/her office.

NOTE 5. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.

Source: Instruction 3a-15-2 · view original on jagcnet.army.mil