Summary of changes
Article 117 — Provoking speeches or gestures
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
10 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
55.a.
unchanged
Original text
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.
Current text
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.
55.b.
unchanged
Original text
Elements.
Current text
Elements.
55.b.(1)
unchanged
Original text
That the accused wrongfully used words or gestures toward a certain person;
Current text
That the accused wrongfully used words or gestures toward a certain person;
55.b.(2)
unchanged
Original text
That the words or gestures used were provoking or reproachful; and
Current text
That the words or gestures used were provoking or reproachful; and
55.b.(3)
unchanged
Original text
That the person toward whom the words or gestures were used was a person subject to the UCMJ.
Current text
That the person toward whom the words or gestures were used was a person subject to the UCMJ.
55.c.
unchanged
Original text
Explanation.
Current text
Explanation.
55.c.(1)
unchanged
Original text
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.
Current text
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.
55.c.(2)
unchanged
Original text
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.
Current text
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.
55.d.
unchanged
Original text
Maximum punishment.
Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months.
Current text
Maximum punishment.
Confinement for 6 months and forfeiture of two-thirds pay per month for 6 months.
55.e.
unchanged
Original text
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) (__________).
Current text
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) (__________).
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.