Part IV · Punitive Articles

Article 116. Riot or breach of peace · MCM ¶ 54

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
(b) Elements.
(1) Riot.
(a) That the accused was a member of an assembly of three or more persons;
(b) That the accused and at least two other members of this group mutually intended to assist one another against anyone who might oppose them in doing an act for some private purpose;
(c) That the group or some of its members, in furtherance of such purpose, unlawfully committed a tumultuous disturbance of the peace in a violent or turbulent manner; and
(d) That these acts terrorized the public in general in that they caused or were intended to cause public alarm or terror.
(2) Breach of the peace.
(a) That the accused caused or participated in a certain act of a violent or turbulent nature; and
(b) That the peace was thereby unlawfully disturbed.
(c) Explanation.
(1) Riot. A riot is a tumultuous disturbance of the peace by three or more persons assembled together in furtherance of a common purpose to execute some enterprise of a private nature by concerted action against anyone who might oppose them, committed in such a violent and turbulent manner as to cause or be calculated to cause public terror. The gravamen of the offense of riot is terrorization of the public. It is immaterial whether the act intended was lawful. Furthermore, it is not necessary that the common purpose be determined before the assembly. It is sufficient if the assembly begins to execute in a tumultuous manner a common purpose formed after it assembled.
(2) Breach of the peace. A breach of the peace is an unlawful disturbance of the peace by an outward demonstration of a violent or turbulent nature. The acts or conduct contemplated by this article are those which disturb the public tranquility or impinge upon the peace and good order to which the community is entitled. Engaging in an affray and unlawful discharge of firearms in a public street are examples of conduct which may constitute a breach of the peace. Loud speech and unruly conduct may also constitute a breach of the peace by the speaker. A speaker may also be guilty of causing a breach of the peace if the speaker uses language which can reasonably be expected to produce a violent or turbulent response and a breach of the peace results. The fact that the words are true or used under provocation is not a defense, nor is tumultuous conduct excusable because incited by others.
(3) Community and public. Community and public include a military organization, post, camp, ship, aircraft, or station.
(d) Maximum punishment.
(1) Riot. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.
(2) Breach of the peace. Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months.
(e) Sample specification s.
(1) Riot. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, (cause) (participate in) a riot by unlawfully assembling with _____ (and _____) (and) (others to the number of about _____ whose names are unknown) for the purpose of (resisting the police of _____) (assaulting passers-by) (_____), and in furtherance of said purpose did (fight with said police) (assault certain persons, to wit: _____) (_____), to the terror and disturbance of _____.
(2) Breach of the peace. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, (cause) (participate in) a breach of the peace by (wrongfully engaging in a fist fight in the dayroom with __________) (using the following provoking language (toward _____), to wit: “_____,” or words to that effect) (wrongfully shouting and singing in a public place, to wit: _____) (_____).
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

DD, TF, 10 years, E-1. (Category 3)

Sample specification

In that (__________) (personal jurisdiction data), did, (at/on board—location), on or about (__________), (cause) (participate in) a riot by unlawfully assembling with __________ (and __________) (and) (others to the number of about __________ whose names are unknown) for the purpose of (resisting the police of __________) (assaulting passers-by) (__________), and in furtherance of said purpose did (fight with said police) (assault certain persons, to wit: __________) (__________), to the terror and disturbance of __________.

Elements

(1) That (state the time and place alleged), the accused was a member of a group of three or more persons, that is: (state the group alleged);

(2) That the accused and at least two other members of this group mutually intended to assist one another against anyone who might oppose them in doing an act for some private purpose, that is: (state the purpose alleged);

(3) That the group or some of its members, in furtherance of such purpose, unlawfully committed a tumultuous disturbance of the peace in a violent or turbulent manner by (state the act(s) alleged); and

(4) That these acts terrorized the public in general in that they caused or were intended to cause public alarm or terror.

Definitions & other instructions

A riot is a tumultuous disturbance of the peace by three or more persons assembled together in furtherance of a common purpose to execute some enterprise of a private nature by concerted action against anyone who might oppose them, committed in such a violent and turbulent manner as to cause or be calculated to cause public terror. The gravamen of the offense of riot is terrorization of the public. It is immaterial whether the act intended was lawful. Furthermore, it is not necessary that the common purpose be determined before the assembly. It is sufficient if the assembly begins to execute in a tumultuous manner a common purpose formed after it assembled.

(“Public” includes a military organization, post, camp, ship, aircraft, or station.)

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.
Source: Instruction 3a-54-1 · 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

2/3 x 6 months, 6 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, (cause) (participate in) a breach of the peace by (wrongfully engaging in a fist fight in the dayroom with __________) (using the following provoking language (toward __________), to wit: “__________,” or words to that effect) (wrongfully shouting and singing in a public place, to wit: __________) (__________).

Elements

(1) That (state the time and place alleged), the accused (caused) (participated in) an act of a violent or turbulent nature by (state the manner alleged); and

(2) That the peace was thereby unlawfully disturbed.

Definitions & other instructions

A breach of the peace is an unlawful disturbance of the peace by an outward demonstration of a violent or turbulent nature. It consists of acts or conduct that disturb the public tranquility or impinge upon the peace and good order to which the community is entitled. (Engaging in an affray and unlawful discharge of firearms in a public street are examples of conduct which may constitute a breach of the peace.) (Loud speech and unruly conduct may also constitute a breach of the peace by the speaker. A speaker may also be guilty of causing a breach of the peace if the speaker uses language which can reasonably be expected to produce a violent or turbulent response and a breach of the peace results.)

The word “community” includes within its meaning a (military organization) (post) (camp) (ship) (aircraft) (station) (__________).

NOTE 2. Self-defense raised. Self-defense would constitute a defense to a charge of breach of the peace when the sole basis of the charge consists of an assault.
Source: Instruction 3a-54-2 · view original on jagcnet.army.mil