Part IV · Punitive Articles

Article 95a. Disrespect toward sentinel or lookout · MCM ¶ 23

2024 Manual for Courts-Martial, United States

See all changes

(a) Text of statute.
(a) DISRESPECTFUL LANGUAGE TOWARD SENTINEL OR LOOKOUT.— Any person subject to this chapter who, knowing that another person is a sentinel or lookout, uses wrongful and disrespectful language that is directed toward and within the hearing of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.
(b) DISRESPECTFUL BEHAVIOR TOWARD SENTINEL OR LOOKOUT.— Any person subject to this chapter who, knowing that another person is a sentinel or lookout, behaves in a wrongful and disrespectful manner that is directed toward and within the sight of the sentinel or lookout, who is in the execution of duties as a sentinel or lookout, shall be punished as a court-martial may direct.
(b) Elements.
(1) Disrespectful language toward sentinel or lookout.
(a) That a certain person was a sentinel or lookout;
(b) That the accused knew that said person was a sentinel or lookout;
(c) That the accused used certain disrespectful language;
(d) That such language was wrongful;
(e) That such language was directed toward and within the hearing of the sentinel or lookout; and
(f) That said person was at the time in the execution of duties as a sentinel or lookout.
(2) Disrespectful behavior toward sentinel or lookout.
(a) That a certain person was a sentinel or lookout;
(b) That the accused knew that said person was a sentinel or lookout;
(c) That the accused behaved in a certain disrespectful manner;
(d) That such behavior was wrongful;
(e) That such behavior was directed toward and within the sight of the sentinel or lookout; and
(f) That said person was at the time in the execution of duties as a sentinel or lookout.
(c) Explanation. See subparagraph 15.c.(2)(b) for a discussion of “disrespect.” Confinement for 3 months d . Maximum punishment. and forfeiture of two-thirds pay per month for 3 months.
(d) Maximum punishment. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months.
(e) Sample specification.
(1) Disrespectful language toward sentinel or lookout. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, then knowing that __________ was a sentinel or lookout, wrongfully use the following disrespectful language “__________,” or words to that effect, to __________, and that such language was directed toward and within the hearing of __________, the (sentinel) (lookout) in the execution of (his) (her) duty.
(2) Disrespectful behavior toward sentinel or lookout. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, then knowing that __________ was a sentinel or lookout, wrongfully behave in a disrespectful manner toward __________, by __________, and that such behavior was directed toward and within the sight of ________, the (sentinel) (lookout) in the execution of (his) (her) duty.
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-23-1 · DISRESPECT TOWARDS SENTINEL OR LOOKOUT
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
2/3 x 3 months, 3 months, E-1. (Category 1)
Sample specification
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, then knowing that __________ was a sentinel or lookout, wrongfully [use the following disrespectful language “__________,” or words to that effect, to __________, and that such language was directed toward and within the hearing of __________,] [behave in a disrespectful manner toward __________, by __________, and that such behavior was directed toward and within the sight of __________,] the (sentinel) (lookout) in the execution of (his) (her) duty.
Elements
(1) That (state name of the sentinel or lookout alleged) was a (sentinel) (lookout) (state the time and place alleged);
(2) That the accused knew that (state name of the sentinel or lookout alleged) was a (sentinel) (lookout);
(3) That (state the time and place alleged), the accused [used disrespectful language,to wit: (state the disrespectful language alleged)] [behaved in a disrespectful manner, to wit: (state the disrespectful behavior alleged)];
(4) That the (language) (behavior) was wrongful;
(5) That the (language) (behavior) was directed toward and within the (sight) (hearing) of (state name of the sentinel or lookout alleged); and
(6) That (state name of the sentinel or lookout alleged) was at the time in the execution of his/her duties as a (sentinel) (lookout).
Definitions & other instructions
A “sentinel” or a “lookout” is a person whose duties include the requirement to maintain constant alertness, be vigilant, and remain awake, in order to observe for the possible approach of the enemy, or to guard persons, property, or a place and to sound the alert, if necessary.
A (sentinel) (lookout) is in the execution of his/her duties when doing any act or service required or authorized to be done by him/her by (statute) (regulation) (the order of a superior) (or) (by custom of the service).
“Disrespectful” means behavior or language which detracts from the respect due to the authority of a (sentinel) (lookout).
“Wrongful” means without any legal justification or excuse.
NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.
Source: Instruction 3a-23-1 · view original on jagcnet.army.mil