Article 117 — Provoking speeches or gestures

Part IV · Punitive Articles

Article 117. Provoking speeches or gestures · MCM ¶ 55

2024 Manual for Courts-Martial, United States

(a) Text of statute. Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct.

(b) Elements.

(1) That the accused wrongfully used words or gestures toward a certain person;

(2) That the words or gestures used were provoking or reproachful; and

(3) That the person toward whom the words or gestures were used was a person subject to the UCMJ.

(1) In general. As used in this article, provoking and reproachful describe those words or gestures which are used in the presence of the person to whom they are directed and which a reasonable person would expect to induce a breach of the peace under the circumstances. These words and gestures do not include reprimands, censures, reproofs and the like which may properly be administered in the interests of training, efficiency, or discipline in the armed forces.

(2) Knowledge. It is not necessary that the accused have knowledge that the person toward whom the words or gestures are directed is a person subject to the UCMJ.

(d) Maximum punishment. Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months.

(e) Sample specification. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, wrongfully use (provoking) (reproachful) (words, to wit: “__________” or words to that effect) (and) (gestures, to wit: __________) towards (Sergeant __________, U.S. Air Force) (__________).

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-55-1PROVOKING SPEECHES OR GESTURES

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 __________, wrongfully use (provoking) (reproachful) (words, to wit: “__________” or words to that effect) (and) (gestures, to wit: __________) towards (Sergeant __________, U.S. Air Force) (__________).

Elements

(1) That (state the time and place alleged), the accused wrongfully used certain (words) (and) (gestures) that is: (state the words or gestures allegedly used) toward (state the name of the person alleged);

(2) That the (words) (and) (gestures) used were provoking or reproachful; and

(3) That the person toward whom the (words) (and) (gestures) were used was a person subject to the Uniform Code of Military Justice.

Definitions & other instructions

“Wrongfully” means without legal justification or excuse.

“Provoking” and “reproachful” describe those (words) (and) (gestures) which are used in the presence of the person to whom they are directed and which a reasonable person would expect to induce a breach of the peace under the circumstances. Proof that a breach of the peace actually occurred is not required.

It is not necessary that the accused have knowledge that the person toward whom the (words) (and) (gestures) are directed is a person subject to the Uniform Code of Military Justice.

(Provoking and reproachful (words) (and) (gestures) do not include reprimands, censures, reproofs and the like which may properly be administered in the interests of training, efficiency, or discipline in the armed forces.)

NOTE 2. Wrongfulness. Words and gestures are not wrongful if made in jest or for an innocent or legitimate purpose. If the evidence raises a legitimate purpose for the words or gestures which would negate wrongfulness (for example, if the evidence reasonably raises that the accused used the words or gestures in self-defense or in defense of property), the military judge must, sua sponte, instruct carefully and comprehensively on the issue.

Source: Instruction 3a-55-1 · view original on jagcnet.army.mil