Any person subject to this chapter who behaves with disrespect toward that person’s superior commissioned officer shall be punished as a court-martial may direct.

Any person subject to this chapter who strikes that person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer’s office shall be punished—

if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and

if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

That the accused did or omitted certain acts or used certain language to or concerning a certain commissioned officer;

That such behavior or language was directed toward that officer;

That the officer toward whom the acts, omissions, or words were directed was the superior commissioned officer of the accused;

That the accused then knew that the commissioned officer toward whom the acts, omissions, or words were directed was the accused’s superior commissioned officer; and

That, under the circumstances, the behavior or language was disrespectful to that commissioned officer.

That the accused struck, drew, or lifted up a weapon against, or offered violence against, a certain commissioned officer;

That the officer was the superior commissioned officer of the accused;

That the accused then knew that the officer was the accused’s superior commissioned officer; and

That the superior commissioned officer was then in the execution of office.

[Note: if the offense was committed in time of war, add the following element]

That the offense was committed in time of war.

See 10 U.S.C. § 801(5) (“The term ‘superior commissioned officer’ means a commissioned officer superior in rank or command.”).

If the accused did not know that the person against whom the acts or words were directed was the accused’s superior commissioned officer, the accused may not be convicted of a violation of this article. Knowledge may be proved by circumstantial evidence.

Disrespectful behavior is that which detracts from the respect due the authority and person of a superior commissioned officer. It may consist of acts or language, however expressed, and it is immaterial whether they refer to the superior as an officer or as a private individual. Disrespect by words may be conveyed by abusive epithets or other contemptuous or denunciatory language. Truth is no defense. Disrespect by acts includes neglecting the customary salute, or showing a marked disdain, indifference, insolence, impertinence, undue familiarity, or other rudeness in the presence of the superior officer.

It is not essential that the disrespectful behavior be in the presence of the superior, but ordinarily one should not be held accountable under this article for what was said or done in a purely private conversation.

Special defense — unprotected victim . A superior commissioned officer whose conduct in relation to the accused under all the circumstances departs substantially from the required standards appropriate to that officer’s rank or position under similar circumstances loses the protection of this article. That accused may not be convicted of being disrespectful to the officer who has so lost the entitlement to respect protected by Article 89.

The definition in subparagraph 15.c.(1) of this paragraph, applies here.

The explanation in subparagraph 15.c.(2)(a) of this paragraph applies here.

“Strikes” means an intentional contact and includes any offensive touching of the person of an officer, however slight.

The phrase “draws or lifts up any weapon against” covers any simple assault committed in the manner stated. The drawing of any weapon in an aggressive manner or the raising or brandishing of the same in a threatening manner in the presence of and at the superior is the sort of act proscribed. The raising in a threatening manner of a firearm, whether or not loaded, of a club, or of anything by which a serious blow or injury could be given is included in “lifts up.”

The phrase “offers any violence against” includes any form of battery or of mere assault not embraced in the preceding more specific terms “strikes” and “draws or lifts up.” If not executed, the violence must be physically attempted or menaced. A mere threatening in words is not an offering of violence in the sense of this article.

An officer is in the execution of office when engaged in any act or service required or authorized by treaty, statute, regulation, the order of a superior, or military usage. In general, any striking or use of violence against any superior commissioned officer by a person over whom it is the duty of that officer to maintain discipline at the time, would be striking or using violence against the officer in the execution of office. The commanding officer on board a ship or the commanding officer of a unit in the field is generally considered to be on duty at all times.

In a prosecution for striking or assaulting a superior commissioned officer in violation of this article, it is a defense that the accused acted in the proper discharge of some duty, or that the victim behaved in a manner toward the accused such as to lose the protection of this article ( see subparagraph 15.c.(2)(d)). For example, if the victim initiated an unlawful attack on the accused, this would deprive the victim of the protection of this article, and, in addition, could excuse any lesser included offense of assault as done in self-defense, depending on the circumstances ( see subparagraph 77.c.; R.C.M. 916(e)).

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Death or such other punishment as a court-martial may direct.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

In that _________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, behave himself/herself with disrespect toward _______ , (his) (her) superior commissioned officer (in command) (in rank), then known by the said _________ to be (his) (her) superior commissioned officer (in command) (in rank), by (saying to (him) (her) “_________,” or words to that effect) (contemptuously turning from and leaving (him) (her) while (he) (she), the said ________, was talking to (him) (her), the said ________) (_________).

In that ________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20 ________, (a time of war) strike ________, (his) (her) superior commissioned officer (in command) (in rank), then known by the said ________ to be (his) (her) superior commissioned officer (in command) (in rank), who was then in the execution of (his) (her) office, (in) (on) the ________ with (a) ((his) (her)) ________.

In that ________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20 __, (a time of war) (draw) (lift up) a weapon, to wit: a ________, against ________, (his) (her) superior commissioned officer (in command) (in rank), then known by the said ________ to be (his) (her) superior commissioned officer (in command) (in rank), who was then in the execution of (his) (her) office.

In that ________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about ________ 20 __, (a time of war) offer violence against ________, his/ her superior commissioned officer (in command) (in rank), then known by the said ________ to be (his) (her) superior commissioned officer (in command) (in rank), who was then in the execution of (his) (her) office, by ________.