Part IV · Punitive Articles

Article 94. Mutiny or sedition · MCM ¶ 21

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute.
(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 other disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being 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.
(b) Elements.
(1) Mutiny by creating violence or disturbance.
(a) That the accused created violence or a disturbance; and
(b) That the accused created this violence or disturbance with intent to usurp or override lawful military authority.
(2) Mutiny by refusing to obey orders or perform duty.
(a) That the accused refused to obey orders or otherwise do the accused’s duty;
(b) That the accused in refusing to obey orders or perform duty acted in concert with another person or persons; and
(c) That the accused did so with intent to usurp or override lawful military authority.
(3) Sedition.
(a) That the accused created revolt, violence, or disturbance against lawful civil authority;
(b) That the accused acted in concert with another person or persons; and
(c) That the accused did so with the intent to cause the overthrow or destruction of that authority.
(4) Failure to prevent and suppress a mutiny or sedition.
(a) That an offense of mutiny or sedition was committed in the presence of the accused; and
(b) That the accused failed to do the accused’s utmost to prevent and suppress the mutiny or sedition.
(5) Failure to report a mutiny or sedition.
(a) That an offense of mutiny or sedition occurred;
(b) That the accused knew or had reason to believe that the offense was taking place; and
(c) That the accused failed to take all reasonable means to inform the accused’s superior commissioned officer or commander of the offense.
(6) Attempted mutiny.
(a) That the accused committed a certain overt act;
(b) That the act was done with specific intent to commit the offense of mutiny;
(c) That the act amounted to more than mere preparation; and
(d) That the act apparently tended to effect the commission of the offense of mutiny.
(c) Explanation.
(1) Mutiny. Article 94(a)(1) defines two types of mutiny, both requiring an intent to usurp or override military authority.
(a) Mutiny by creating violence or disturbance. Mutiny by creating violence or disturbance may be committed by one person acting alone or by more than one acting together.
(b) Mutiny by refusing to obey orders or perform duties. Mutiny by refusing to obey orders or perform duties requires collective insubordination and necessarily includes some combination of two or more persons in resisting lawful military authority. This concert of insubordination need not be preconceived, nor is it necessary that the insubordination be active or violent. It may consist simply of a persistent and concerted refusal or omission to obey orders, or to do duty, with an insubordinate intent, that is, with an intent to usurp or override lawful military authority. The intent may be declared in words or inferred from acts, omissions, or surrounding circumstances.
(2) Sedition. Sedition requires a concert of action in resistance to civil authority. This differs from mutiny by creating violence or disturbance. See subparagraph c.(1)(a) of this paragraph.
(3) Failure to prevent and suppress a mutiny or sedition. “Utmost” means taking those measures to prevent and suppress a mutiny or sedition which may properly be called for by the circumstances, including the rank, responsibilities, or employment of the person concerned. “Utmost” includes the use of such force, including deadly force, as may be reasonably necessary under the circumstances to prevent and suppress a mutiny or sedition.
(4) Failure to report a mutiny or sedition.
(a) In general. Failure to “take all reasonable means to inform” includes failure to take the most expeditious means available. When the circumstances known to the accused would have caused a reasonable person in similar circumstances to believe that a mutiny or sedition was occurring, this may establish that the accused had such “reason to believe” that mutiny or sedition was occurring. Failure to report an impending mutiny or sedition is not an offense in violation of Article 94. But see subparagraph 18.c.(3) (dereliction of duty).
(b) Superior commissioned officer. For purposes of this paragraph, “a superior commissioned officer” means a superior commissioned officer in the chain of command.
(5) Attempted mutiny. For a discussion of attempts, see paragraph 4.
(d) Maximum punishment. Death or such other punishment as a court-martial may direct.
(e) Sample specifications.
(1) Mutiny by creating violence or disturbance. In that __________ (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, create (violence) (a disturbance) by (attacking the officers of the said ship) (barricading himself/herself in Barracks T7, firing (his) (her) rifle at __________, and exhorting other persons to join (him) (her) in defiance of _____) (_____).
(2) Mutiny by refusing to obey orders or perform duties. In that __________ (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, refuse, in concert with __________ (and __________) (others whose names are unknown), to (obey the orders of __________ to __________) (perform (his) (her) duty as __________).
(3) Sedition. In that __________ (personal jurisdiction data), with intent to cause the (overthrow) (destruction) (overthrow and destruction) of lawful civil authority, to wit: __________, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, in concert with (__________) and (__________) (others whose names are unknown), create (revolt) (violence) (a disturbance) against such authority by (entering the Town Hall of __________ and destroying property and records therein) (marching upon and compelling the surrender of the police of __________) (__________).
(4) Failure to prevent and suppress a mutiny or sedition. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, fail to do (his) (her) utmost to prevent and suppress a (mutiny) (sedition) among the (Soldiers) (Sailors) Airmen) (Marines) (__________) of __________, which (mutiny) (sedition) was being committed in (his) (her) presence, in that ((he) (she) took no means to compel the dispersal of the assembly) ((he) (she) made no effort to assist __________ who was attempting to quell the mutiny) (__________).
(5) Failure to report a mutiny or sedition. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, fail to take all reasonable means to inform (his) (her) superior commissioned officer or (his) (her) commander of a (mutiny) (sedition) among the (Soldiers) (Sailors) (Airmen) (Marines) (__________) of __________, which (mutiny) (sedition) (he) (she), the said __________ (knew) (had reason to believe) was taking place.
(6) Attempted mutiny. In that __________ (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, attempt to (create (violence) (a disturbance) 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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________, (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location), on or about __________, create (violence) (a disturbance) by (attacking the officers of the said ship) (barricading himself/herself in Barracks T-7, firing (his) (her) rifle at __________, and exhorting other persons to join (him) (her) in defiance of __________) (__________).

Elements

(1) That (state the time and place alleged), the accused created (violence) (a disturbance) by (state the manner alleged); and

(2) That the accused created this (violence) (disturbance) with intent to (usurp) (override) lawful military authority.

Definitions & other instructions

(“Violence” means the exertion of physical force.) (“Disturbance” means the interruption of or interference with a state of peace or order.) (“Usurp” means to seize and to hold by force or without right.) (“Override” means to set aside or supersede.)

(This offense may be committed by (one person acting alone) (or) (more than one person).)

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.
References

US v. Duggan, 15 CMR 396 (CMA 1954).

Source: Instruction 3a-21-1 · view original on jagcnet.army.mil

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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________, (personal jurisdiction data) with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location), on or about __________, refuse, in concert with __________ (and __________) (others whose names are unknown), to (obey the orders of __________ to __________) (perform (his) (her) duty as __________).

Elements

(1) That (state the time and place alleged), the accused refused to (obey the orders of __________ to __________) (perform (his) (her) duty as __________);

(2) That the accused in refusing to (obey the order) (perform this duty) acted in concert with (another) (other) person(s), namely, (__________) (and) (__________) (others whose names are unknown); and

(3) That the accused in pursuance of a common intent with another did so with intent to (usurp) (override) lawful military authority.

Definitions & other instructions

This offense involves collective insubordination and requires some combination of two or more persons acting together in resisting lawful military authority. “In concert with” means together with, in accordance with a common intent, design, or plan, regardless of whether this intent, design, or plan was developed at some earlier time. There must be concerted action with at least one other person who also shares the accused’s intent to (usurp) (and) (override) lawful military authority. (It is not necessary that the act of insubordination be active or violent.) It consists of a persistent and joint (refusal) (failure) to (obey orders) (perform duty) with an insubordinate intent, that is, an intent to (usurp) (and) (override) lawful military authority. (“Usurp” means to seize and to hold by force or without right.) (“Override” means to set aside or supersede.)

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable. Instructions 3a-16-1, Willfully Disobeying a Superior Commissioned Officer, 3a-17-2, Willfully Disobeying a Warrant, Noncommissioned, or Petty Officer, 3a-18-1, Violating General Order or Regulation, and 3a-18-2, Violating Other Written Order or Regulation, may also be helpful in tailoring appropriate instructions.
References

US v. Duggan, 15 CMR 396 (CMA 1954).

Source: Instruction 3a-21-2 · view original on jagcnet.army.mil

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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________, (personal jurisdiction data) with intent to cause the (overthrow) (destruction) (overthrow and destruction) of lawful civil authority, to wit: __________, did, (at/on board—location), on or about __________, in concert with (__________) (and) (__________) (others whose names are unknown), create (revolt) (violence) (a disturbance) against such authority by (entering the Town Hall of __________ and destroying property and records therein) (marching upon and compelling the surrender of the police of __________) (__________).

Elements

(1) That (state the time and place alleged), the accused created (revolt) (violence) (a disturbance) against lawful civil authority by (state the manner alleged);

(2) That the accused acted in concert with (another) (other) person(s), namely, __________ (and __________) (and others whose names are unknown); and

(3) That the accused did so with intent to cause the (overthrow) (destruction) (overthrow and destruction) of lawful civil authority, namely (specify the alleged lawful civil authority).

Definitions & other instructions

“In concert with” means together with, in accordance with a common intent, design, or plan, regardless of whether this intent, design, or plan was developed at some earlier time. “Revolt” means a casting off or repudiation of allegiance or an uprising against legitimate authority.) (“Violence” means the exertion of physical force.) (“Disturbance” means the interruption of or interference with a state of peace or order.) (“Overthrow” means overturning or upsetting, causing to fall or fail, subverting, defeating, ruining, or destroying.) (“Destruction” means overthrow, downfall, or causing to fall or fail.)

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.
Source: Instruction 3a-21-3 · view original on jagcnet.army.mil

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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________, (personal jurisdiction data) did, (at/on board—location), on or about __________, fail to do (his) (her) utmost to prevent and suppress a (mutiny) (sedition) among the (Soldiers) (Sailors) (Airmen) (Marines) (__________) of __________, which (mutiny) (sedition) was being committed in (his) (her) presence, in that ((he) (she) took no means to compel the dispersal of the assembly) ((he) (she) made no effort to assist __________ who was attempting to quell the mutiny) (__________).

Elements

(1) That (state the time and place alleged), an offense of (mutiny) (sedition) was being committed in the presence of the accused by (state the description of those engaged in the mutiny or sedition, as alleged); and

(2) That the accused failed to do (his) (her) utmost to prevent and suppress the (mutiny) (sedition) by (state the manner alleged).

Definitions & other instructions

The elements of the offense of (mutiny) (sedition) are as follows:

NOTE 2. Instructions on elements of mutiny or sedition. The members must be instructed on the elements of Mutiny, Instruction 3a-18-1 or 3a-18-2, or Sedition, Instruction 3a-18-3, as alleged.

“Utmost” means taking those measures to prevent or suppress a (mutiny) (sedition) which may properly be called for by the circumstances of the situation, keeping in mind the (rank and responsibilities) (employment) of the accused. (When extreme measures are necessary under the circumstances, the use of a dangerous weapon or the taking of life may be justified, providing excessive force is not used.)

Proof that the accused actually participated in the (mutiny) (sedition) is not required. However, you must be satisfied by legal and competent evidence beyond a reasonable doubt that (service members) (__________) of (__________) were committing (mutiny) (sedition) in the presence of the accused and that the accused failed, in the manner charged, to do (his) (her) utmost to prevent and suppress the (mutiny) (sedition).

Source: Instruction 3a-21-4 · view original on jagcnet.army.mil

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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________, (personal jurisdiction data) did, (at/on board—location), on or about __________, fail to take all reasonable means to inform (his) (her) superior commissioned officer or (his) (her) commander of a (mutiny) (sedition) among the (Soldiers) (Sailors) (Airmen) (Marines) (__________) of __________, which (mutiny) (sedition) (he) (she), the said ________ (knew) (had reason to believe) was taking place.

Elements

(1) That (state the time and place alleged), an offense of (mutiny) (sedition) among (state the description of those engaged in the mutiny or sedition, as alleged) was taking place;

(2) That the accused (knew) (or) (had reason to believe) that the offense was taking place; and

(3) That the accused failed to take all reasonable means to inform (his) (her) superior commissioned officer or (his) (her) commander that the (mutiny) (sedition) was taking place.

Definitions & other instructions

The elements of the offense of (mutiny) (sedition) are as follows:

NOTE 2. Instructions on elements of mutiny or sedition. The members must be instructed on the elements of the offense of Mutiny, Instruction 3a-18-1 or 3a-18-2, or Sedition, Instruction 3a-18-3, as alleged.

A failure to take “all reasonable means” to inform a superior includes the failure to take the most expeditious means available. (The accused can be said to have had “reason to believe” that (mutiny) (sedition) was taking place when the circumstances which were known to the accused were such as would have caused a reasonable person in the same or similar circumstances to believe that a (mutiny) (sedition) was taking place.)

Proof that the accused actually participated in the (mutiny) (sedition) or that the offense was committed in the accused’s presence is unnecessary. However, you must be satisfied by legal and competent evidence beyond a reasonable doubt that (service members) (__________) of (__________) were committing (mutiny) (sedition), and that the accused (knowing) (or) (having reason to believe) that the offense was taking place, failed to take all reasonable means to inform (state the name and rank of the accused’s commanding officer) or any superior commissioned officer of the offense.

A “superior commissioned officer” means a superior commissioned officer in the accused's chain of command.

NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), may be applicable.
Source: Instruction 3a-21-5 · view original on jagcnet.army.mil

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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________, (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location), on or about __________, attempt to (create (violence) (a disturbance) by _________) (__________).

Elements

(1) That (state the time and place alleged), the accused did a certain act; that is, (state the act(s) alleged or raised by the evidence);

(2) That the act was done with specific intent to commit the offense of mutiny;

(3) That the act amounted to more than mere preparation; that is, it was a direct movement toward the commission of the offense; and

(4) That the act apparently tended to effect the commission of the offense of mutiny; that is, the act apparently would have resulted in the actual commission of mutiny except for (a circumstance unknown to the accused) (an unexpected intervening circumstance) (_________) which prevented completion of that offense.

Definitions & other instructions

Proof that the offense of mutiny actually occurred or was completed by the accused is not required. However, it must be proved beyond reasonable doubt that, at the time of the act charged in the specification, the accused intended every element of the offense of mutiny. These elements are (list the elements of the offense of mutiny).

NOTE 1. Elements of mutiny. See Instruction 3a-18-1 or 3a-18-2, Mutiny, for the elements of mutiny.
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable. Instruction 6-5, Partial Mental Responsibility, Instruction 5-15, Evidence Negating Mens Rea, or Instruction 5-21, Voluntary Intoxication, as bearing on the issue of intent to commit mutiny, may be applicable.
Source: Instruction 3a-21-6 · view original on jagcnet.army.mil