Article 93 — Cruelty and maltreatment | Manual for Courts-Martial

Part IV · Punitive Articles

Article 93. Cruelty and maltreatment · MCM ¶ 19

2024 Manual for Courts-Martial, United States

See all changes

(a) Text of statute. 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.

(b) Elements.

(1) That a certain person was subject to the orders of the accused; and

(2) That the accused was cruel toward, or oppressed, or maltreated that person.

(1) Nature of victim. “Any person subject to his orders” means not only those persons under the direct or immediate command of the accused but extends to all persons, subject to the UCMJ or not, who by reason of some duty are required to obey the lawful orders of the accused, regardless whether the accused is in the direct chain of command over the person.

(2) Nature of act. The cruelty, oppression, or maltreatment, although not necessarily physical, must be measured by an objective standard. Assault, improper punishment, and sexual harassment may constitute this offense if the conduct meets the elements of this offense. Sexual harassment under this paragraph includes influencing, offering to influence, or threatening the career, pay, or job of another person in exchange for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature. The imposition of necessary or proper duties and the exaction of their performance does not constitute this offense even though the duties are arduous or hazardous or both.

(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

(e) Sample specification. In that (personal jurisdiction data), (at/on board— location) (subject-matter jurisdiction data, if required), on or about _________ 20__, (was cruel toward) did (oppress) (maltreat) ____________), a person subject to (his) (her) orders, by (kicking (him) (her) in the stomach) (confining (him) (her) for twenty-four hours without water) (________________).

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.

3a-19-1 · CRUELTY, OPPRESSION, OR MALTREATMENT OF SUBORDINATES

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

DD, TF, 3 years, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), (at/on board—location), on or about __________, (was cruel toward) did (oppress) (maltreat) __________), a person subject to (his) (her) orders, by (kicking (him) (her) in the stomach) (confining (him) (her) for twenty-four hours without water) (__________).

Elements

(1) That (state the name (and rank) of the alleged victim) was subject to the orders of the accused; and

(2) That (state the time and place alleged), the accused [(was cruel toward) (oppressed) (maltreated)] (state the name of the alleged victim) by (state the manner alleged).

Definitions & other instructions

“Subject to the orders of” includes persons under the direct or immediate command of the accused and all persons who by reason of some duty are required to obey the lawful orders of the accused, even if those persons are not in the accused’s direct chain of command.

The (cruelty) (oppression) (or) (maltreatment) must be real, although it does not have to be physical. The imposition of necessary or proper duties on a service member and the requirement that those duties be performed does not establish this offense even though the duties are hard, difficult, or hazardous.

(“Cruel”) (“oppressed”) (and) (“maltreated”) refer(s) to treatment, that, when viewed objectively under all the circumstances, is abusive or otherwise unwarranted, unjustified, and unnecessary for any lawful purpose and that results in physical or mental harm or suffering, or reasonably could have caused, physical or mental harm or suffering.

((Assault) (Improper punishment) (Sexual harassment) may constitute this offense if the conduct meets the definition of this offense.)

(Sexual harassment includes influencing, offering to influence, or threatening the career, pay, or job of another person in exchange for sexual favors.) (Sexual harassment also includes deliberate or repeated offensive comments or gestures of a sexual nature.) (For sexual harassment to also constitute maltreatment, the accused’s conduct must, under all of the circumstances, constitute (“cruelty”) (“oppression”) (and) (“maltreatment”) as I have defined those terms for you.)

(Along with all other circumstances, you must consider, evidence of the consent (or acquiescence) of (state the name (and rank) of the alleged victim), or lack thereof, to the accused’s actions. The fact that (state the name (and rank) of the alleged victim) may have consented (or acquiesced), does not alone prove that he/she was not maltreated, but it is one factor to consider in determining whether the accused maltreated, oppressed, or acted cruelly toward, (state the name (and rank) of the alleged victim).)

References

US v. Carson, 57 MJ 410 (CAAF 2002); US v. Fuller, 54 MJ 107 (CAAF 2001).

Source: Instruction 3a-19-1 · view original on jagcnet.army.mil