Any person subject to this chapter who—

with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;

fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.

That the accused created violence or a disturbance; and

That the accused created this violence or disturbance with intent to usurp or override lawful military authority.

That the accused refused to obey orders or otherwise do the accused’s duty;

That the accused in refusing to obey orders or perform duty acted in concert with another person or persons; and

That the accused did so with intent to usurp or override lawful military authority.

That the accused created revolt, violence, or disturbance against lawful civil authority;

That the accused acted in concert with another person or persons; and

That the accused did so with the intent to cause the overthrow or destruction of that authority.

That an offense of mutiny or sedition was committed in the presence of the accused; and

That the accused failed to do the accused’s utmost to prevent and suppress the mutiny or sedition.

That an offense of mutiny or sedition occurred;

That the accused knew or had reason to believe that the offense was taking place; and

That the accused failed to take all reasonable means to inform the accused’s superior commissioned officer or commander of the offense.

That the accused committed a certain overt act;

That the act was done with specific intent to commit the offense of mutiny;

That the act amounted to more than mere preparation; and

That the act apparently tended to effect the commission of the offense of mutiny.

Article 94(a)(1) defines two types of mutiny, both requiring an intent to usurp or override military authority.

Mutiny by creating violence or disturbance may be committed by one person acting alone or by more than one acting together.

Mutiny by refusing to obey orders or perform duties requires collective insubordination and necessarily includes some combination of two or more persons in resisting lawful military authority. This concert of insubordination need not be preconceived, nor is it necessary that the insubordination be active or violent. It may consist simply of a persistent and concerted refusal or omission to obey orders, or to do duty, with an insubordinate intent, that is, with an intent to usurp or override lawful military authority. The intent may be declared in words or inferred from acts, omissions, or surrounding circumstances.

Sedition requires a concert of action in resistance to civil authority. This differs from mutiny by creating violence or disturbance. See subparagraph c.(1)(a) of this paragraph.

“Utmost” means taking those measures to prevent and suppress a mutiny or sedition which may properly be called for by the circumstances, including the rank, responsibilities, or employment of the person concerned. “Utmost” includes the use of such force, including deadly force, as may be reasonably necessary under the circumstances to prevent and suppress a mutiny or sedition.

Failure to “take all reasonable means to inform” includes failure to take the most expeditious means available. When the circumstances known to the accused would have caused a reasonable person in similar circumstances to believe that a mutiny or sedition was occurring, this may establish that the accused had such “reason to believe” that mutiny or sedition was occurring. Failure to report an impending mutiny or sedition is not an offense in violation of Article 94. But see subparagraph 18.c.(3) (dereliction of duty).

For purposes of this paragraph, “a superior commissioned officer” means a superior commissioned officer in the chain of command.

For a discussion of attempts, see paragraph 4.

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

In that __________ (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, create (violence) (a disturbance) by (attacking the officers of the said ship) (barricading himself/herself in Barracks T7, firing (his) (her) rifle at __________, and exhorting other persons to join (him) (her) in defiance of _____) (_____).

In that __________ (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, refuse, in concert with __________ (and __________) (others whose names are unknown), to (obey the orders of __________ to __________) (perform (his) (her) duty as __________).

In that __________ (personal jurisdiction data), with intent to cause the (overthrow) (destruction) (overthrow and destruction) of lawful civil authority, to wit: __________, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, in concert with (__________) and (__________) (others whose names are unknown), create (revolt) (violence) (a disturbance) against such authority by (entering the Town Hall of __________ and destroying property and records therein) (marching upon and compelling the surrender of the police of __________) (__________).

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, fail to do (his) (her) utmost to prevent and suppress a (mutiny) (sedition) among the (Soldiers) (Sailors) Airmen) (Marines) (__________) of __________, which (mutiny) (sedition) was being committed in (his) (her) presence, in that ((he) (she) took no means to compel the dispersal of the assembly) ((he) (she) made no effort to assist __________ who was attempting to quell the mutiny) (__________).

In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, fail to take all reasonable means to inform (his) (her) superior commissioned officer or (his) (her) commander of a (mutiny) (sedition) among the (Soldiers) (Sailors) (Airmen) (Marines) (__________) of __________, which (mutiny) (sedition) (he) (she), the said __________ (knew) (had reason to believe) was taking place.

In that __________ (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, attempt to (create (violence) (a disturbance) by _____) (_____).