Any warrant officer or enlisted member who—

strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;

willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;

That the accused was a warrant officer or enlisted member;

That the accused struck or assaulted a certain warrant, noncommissioned, or petty officer;

That the striking or assault was committed while the victim was in the execution of office; and

That the accused then knew that the person struck or assaulted was a warrant, noncommissioned, or petty officer.

[Note: If the victim was the superior noncommissioned or petty officer of the accused, add the following elements]

That the victim was the superior noncommissioned, or petty officer of the accused; and

That the accused then knew that the person struck or assaulted was the accused’s superior noncommissioned, or petty officer.

That the accused was a warrant officer or enlisted member;

That the accused received a certain lawful order from a certain warrant, noncommissioned, or petty officer;

That the accused then knew that the person giving the order was a warrant, noncommissioned, or petty officer;

That the accused had a duty to obey the order; and

That the accused willfully disobeyed the order.

That the accused was a warrant officer or enlisted member;

That the accused did or omitted certain acts, or used certain language;

That such behavior or language was used toward and within sight or hearing of a certain warrant, noncommissioned, or petty officer;

That the accused then knew that the person toward whom the behavior or language was directed was a warrant, noncommissioned, or petty officer;

That the victim was then in the execution of office; and

That under the circumstances the accused, by such behavior or language, treated with contempt or was disrespectful to said warrant, noncommissioned, or petty officer.

[Note: If the victim was the superior noncommissioned, or petty officer of the accused, add the following elements]

That the victim was the superior noncommissioned, or petty officer of the accused; and

That the accused then knew that the person toward whom the behavior or language was directed was the accused’s superior noncommissioned, or petty officer.

Article 91 has the same general objects with respect to warrant, noncommissioned, and petty officers as Articles 89 and 90 have with respect to commissioned officers, namely, to ensure obedience to their lawful orders, and to protect them from violence, insult, or disrespect. Unlike Articles 89 and 90, however, this article does not require a superior-subordinate relationship as an element of any of the offenses denounced. This article does not protect an acting noncommissioned officer or acting petty officer, nor does it protect military police or members of the shore patrol who are not warrant, noncommissioned, or petty officers.

All of the offenses prohibited by Article 91 require that the accused have actual knowledge that the victim was a warrant, noncommissioned, or petty officer. Actual knowledge may be proved by circumstantial evidence.

For a discussion of “strikes” and “in the execution of office,” see subparagraph 15.c. For a discussion of “assault,” see subparagraph 77.c. An assault by a prisoner who has been discharged from the Service, or by any other civilian subject to military law, upon a warrant, noncommissioned, or petty officer should be charged under Article 128 or 134.

See subparagraph 16.c for a discussion of lawfulness, personal nature, form, transmission, and specificity of the order, nature of the disobedience, and time for compliance with the order.

“Toward” requires that the behavior and language be within the sight or hearing of the warrant, noncommissioned, or petty officer concerned. For a discussion of “in the execution of his office,” see subparagraph 15.c. For a discussion of “disrespect,” see subparagraph 15.c.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years.

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 9 months.

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

Forfeiture of two-thirds pay per month for 3 months, and confinement for 3 months.

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, (strike) (assault) __________, a __________ officer, then known to the said __________ to be a (superior) __________ officer who was then in the execution of (his) (her) office, by __________ (him) (her) (in) (on) (the __________) with (a) __________ ((his) (her)) _____________.

In that __________ (personal jurisdiction data), having received a lawful order from __________, a _____ officer, then known by the said _____ to be a _____ officer, to _____, an order which it was (his) (her) duty to obey, did (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, willfully disobey the same.

In that __________ (personal jurisdiction data) (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, [did treat with contempt] [was disrespectful in (language) (deportment) toward] __________, a __________ officer, then known by the said __________ to be a (superior) __________ officer, who was then in the execution of (his) (her) office, by (saying to (him) (her), “__________,” or words to that effect) (spitting at (his) (her) feet) (__________).