- What is UCMJ Article 90?
Article 90 punishes service members who assault, willfully disobey, or behave with violence or disrespect toward a superior commissioned officer. It protects authority and discipline within the military chain of command. - Who qualifies as a superior commissioned officer?
A superior commissioned officer is any officer senior in rank who has lawful authority over the accused. This includes officers from any service branch when in a command or supervisory role. - What does “assault” mean under Article 90?
Assault includes any attempt or threat of physical harm, with the ability to carry it out. Physical contact is not required, but the threat must be intentional and capable of causing harm. - What constitutes “willful disobedience”?
It is the intentional and knowing refusal to obey a lawful order given by a superior commissioned officer. The order must be direct, specific, and lawful. - Can disrespect alone lead to an Article 90 charge?
No, simple disrespect is covered under Article 89. Article 90 applies when the offense involves violence, assault, or deliberate disobedience. - What is the difference between Articles 90, 91, and 92?
Article 90 involves commissioned officers. Article 91 applies to warrant officers and NCOs. Article 92 covers failure to obey general or lawful orders regardless of who gives them. - Is verbal refusal to obey an order enough for a violation?
Yes, if the refusal is willful and clearly defies a lawful order from a superior commissioned officer, it qualifies under Article 90. - Does the officer need to be present for the offense?
For disobedience, yes, the order must be personal and direct. For assault or violence, the action must be directed toward the officer themselves. - What if the accused didn’t know the person was a superior officer?
Knowledge is required. If the accused reasonably did not know the officer’s status, they may not be guilty under Article 90. - What is the punishment for violating Article 90?
Punishment can include dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 10 years if the offense involves assault. - What if the order was unlawful?
Disobeying an unlawful order is not a crime. However, the burden is on the defense to prove the order was clearly illegal. - Can non-violent resistance be charged under Article 90?
Yes, passive refusal to obey a lawful command can still be prosecuted if the disobedience is deliberate. - Are threats enough for an assault charge
Tag: Articles of the UCMJ
UCMJ Article 89 – Disrespect Toward a Superior Commissioned Officer: 35 Questions and Answers
- What is UCMJ Article 89?
Article 89 makes it a crime for any military personnel to behave disrespectfully toward a superior commissioned officer. It preserves military discipline and authority by punishing verbal or physical acts of disrespect. - Who can be a victim under Article 89?
Only superior commissioned officers, including those from any branch of the U.S. Armed Forces. The accused must be legally subordinate to the officer at the time of the offense. - Who can be charged under Article 89?
Any service member subject to the UCMJ, regardless of rank, as long as the target is their superior commissioned officer. - What is considered “disrespectful” under Article 89?
Disrespect includes rude behavior, insults, sarcasm, defiance, obscene gestures, or failure to show proper military courtesy. - Does the disrespect have to be face-to-face?
No. Disrespectful conduct can occur in person, in writing, or through social media and still be punishable under Article 89. - Does the officer need to be present for the offense?
No, if the disrespect occurs in public or is made known to others, it can be charged even in the officer’s absence. - What is the punishment under Article 89?
Maximum punishment may include forfeiture of pay, confinement for up to one year, and dismissal or a bad conduct discharge. - Can you be punished for criticizing an officer off duty?
Yes, if the criticism is public, disrespectful, and the officer is superior to the accused. Off-duty status does not protect against Article 89. - Can lawful dissent be charged as disrespect?
No, respectful disagreement or constructive feedback is not punishable. The manner, not the content, often determines whether it is disrespectful. - Can jokes or sarcasm be considered disrespect?
Yes, if they are aimed at a superior officer and undermine their authority or dignity. Context, tone, and audience are important. - Does the accused need to know the person is a superior officer?
Yes, the prosecution must show that the accused knew or should have known the officer was their superior. - Can actions like eye-rolling or sighing be punished?
Possibly, if they are used deliberately to show contempt or defiance in a military setting. Nonverbal gestures can carry meaning. - What is the difference between Article 89 and Article 91?
Article 89 applies to disrespect toward commissioned officers. Article 91 covers disrespect toward warrant officers, noncommissioned officers (NCOs), or petty officers. - What if the officer was abusive or unfair?
That may explain the reaction
UCMJ Article 88 – Contempt Toward Officials: 35 Questions and Answers
- What is UCMJ Article 88?
Article 88 prohibits commissioned officers from using contemptuous words against certain elected officials. It is intended to preserve respect for civilian leadership and maintain military discipline. - Who is protected under Article 88?
The President, Vice President, Congress, Secretary of Defense, Secretaries of the military departments, and the Governors and legislatures of any U.S. state, territory, or possession are protected. - Who can be charged under Article 88?
Only commissioned officers. Enlisted personnel and warrant officers are not subject to Article 88 but may be charged under other articles like Article 134. - What does “contemptuous” mean in this context?
It refers to language that is disrespectful, insulting, or openly scornful. It includes written or spoken words that undermine the authority of protected officials. - Can private speech be punished under Article 88?
Yes, if it is made to others and not purely personal or private. Statements made publicly or in front of subordinates are more likely to be punished. - Are social media posts covered under Article 88?
Yes, online posts, comments, and messages by officers that show contempt for protected officials can lead to charges, even on private accounts. - Is criticism of policy considered contemptuous?
Not always. Officers may respectfully discuss policy, but insults, mockery, or inflammatory language directed at officials personally may cross the line. - What is the intent behind Article 88?
To ensure that military officers do not undermine civilian authority, especially in public forums. It protects the apolitical nature of military service. - Can retired officers be charged under Article 88?
Yes, if they are receiving retirement pay and are thus still subject to the UCMJ. Retired officers have been prosecuted in rare instances. - Does the truth of a statement matter?
No. Even if a contemptuous remark is factually accurate, it can still violate Article 88 if it’s made with disrespect or malice. - What is the maximum punishment under Article 88?
Punishment may include dismissal, forfeiture of pay and allowances, and confinement for up to one year if tried at a general court-martial. - Can satire or parody lead to Article 88 charges?
Yes, if it is clearly contemptuous and targets protected officials. Even humor can be punished if it reflects poorly on military discipline. - Are group messages or texts covered under Article 88?
Yes, if shared with others, especially subordinates, and the message contains contemptuous content. Private one-on-one messages are less likely to be charged. - Does
UCMJ Article 87 – Missing Movement: 35 Questions and Answers
- What is UCMJ Article 87?
Article 87 makes it a crime for a service member to miss the movement of a ship, aircraft, or unit with which they are required to travel. It applies when the absence is due to neglect or intentional avoidance. - What does “missing movement” mean under Article 87?
Missing movement occurs when a service member fails to depart with their assigned unit, aircraft, or ship at the designated time. The absence must result in failure to perform required duties with the unit. - What is the difference between AWOL and missing movement?
AWOL involves being absent from duty in general. Missing movement is more specific and applies only when a member fails to go with their unit during an official deployment or operation. - Is intent required for a missing movement charge?
Yes, the absence must be either intentional or caused by neglect. Honest mistakes or circumstances beyond control may serve as a defense. - What are common examples of missing movement?
Examples include oversleeping and missing a flight, failing to report for deployment, or deliberately avoiding departure to dodge combat or duty. - What is the punishment for missing movement?
If the offense was due to neglect, maximum punishment includes a bad conduct discharge, forfeiture of pay, and up to one year of confinement. If intentional, the maximum penalty is dishonorable discharge and two years of confinement. - How does the military prove a missing movement charge?
The prosecution must show that the service member was required to move with a specific unit or transport and knowingly failed to do so through neglect or intent. - Can someone be charged if they were just late?
If lateness results in failure to move with the unit, and it was due to neglect or willfulness, then yes. Minor delays without impact may not rise to a criminal offense. - Does illness excuse missing movement?
Only if it was legitimate and properly reported. A valid medical condition supported by documentation may serve as a defense. - Can fear of deployment be a defense?
No, fear does not excuse missing movement. It may be considered in sentencing, but it does not eliminate responsibility under Article 87. - What is considered “neglect” under this article?
Neglect is failing to meet your duty through carelessness or indifference. Examples include not setting an alarm or ignoring check-in instructions. - What is “intentional” missing movement?
Intentional means the service member knowingly and deliberately
UCMJ Article 86 – Absence Without Leave (AWOL): 35 Questions and Answers
- What is UCMJ Article 86?
Article 86 criminalizes any unauthorized absence from military duty. It includes being late, leaving without permission, or failing to report as ordered. It is one of the most frequently charged offenses in the military. - What does “absence without leave” mean?
AWOL means a service member has failed to be at their assigned place of duty at the required time without authorization. It can be as short as a few minutes or as long as several days. - What are the types of AWOL under Article 86?
AWOL can include failure to go to a place of duty, leaving from that place, or remaining absent from unit, organization, or duty station. - What’s the difference between AWOL and desertion?
AWOL refers to unauthorized absence without intent to abandon permanently. Desertion requires proof of intent to remain away permanently or to avoid hazardous duty. - Can being late count as AWOL?
Yes, even a minor delay in reporting can be charged under Article 86. However, the seriousness depends on the length of delay and the impact. - What if I had a legitimate reason for being absent?
Legitimate reasons may mitigate the offense but do not automatically excuse it. You must show you had no control over the situation or made reasonable efforts to report. - What are common reasons service members go AWOL?
Common reasons include family emergencies, mental health issues, fear of deployment, relationship problems, or misunderstanding of orders. - What is the punishment for being AWOL?
Punishment varies based on the length and circumstances. It may include extra duty, reduction in rank, forfeiture of pay, confinement, or even discharge. - Is AWOL always handled with court-martial?
No, short-term or first-time AWOLs are often addressed through non-judicial punishment (Article 15). More serious or repeated absences may go to court-martial. - How long does someone have to be gone before it’s considered desertion?
There’s no set time. If the intent to remain away permanently is proven at any point, it becomes desertion. Otherwise, it’s AWOL regardless of duration. - What is “breaking restriction” under Article 86?
This refers to leaving a place you were ordered to remain, such as base or quarters restriction. It is treated as a form of unauthorized absence. - What happens if I return after being AWOL?
You’ll likely face disciplinary action, but voluntary return can be seen as a mitigating factor. The longer the absence, the more serious the consequences. - Can
UCMJ Article 85 – Desertion: 35 Questions and Answers
- What is UCMJ Article 85?
Article 85 criminalizes desertion, which occurs when a service member leaves their post or unit with the intent to remain away permanently. It is one of the most serious offenses in military law. Desertion is treated more severely than AWOL. - What elements must be proven for a desertion charge?
The prosecution must prove that the accused left their duty station, did so without authority, and intended to remain away permanently. The element of intent separates desertion from simple absence. - How is desertion different from AWOL (Article 86)?
AWOL is temporary unauthorized absence. Desertion involves leaving with no intent to return or quitting with plans to avoid military duty indefinitely. Desertion carries heavier penalties. - Can desertion occur during peacetime?
Yes, desertion is punishable in both peace and wartime. However, wartime desertion can result in more severe punishment, including the death penalty in extreme cases. - What is desertion with intent to avoid hazardous duty?
This is when a service member leaves their unit to escape combat, deployment, or other dangerous assignments. It carries more severe consequences than regular desertion. - What is the maximum punishment for desertion?
In wartime, the maximum penalty can be death. In peacetime, the punishment can include dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to five years. - What if the service member returns voluntarily?
Voluntary return may be seen as a mitigating factor during sentencing. However, it does not eliminate the offense if the intent to remain away was present at any point. - Can desertion charges be dropped?
Yes, but only under specific conditions such as insufficient evidence, administrative decisions, or successful legal defenses. Legal counsel can help seek dismissal or reduction. - What if the accused believed they had permission to leave?
If the belief was reasonable and based on actual misunderstanding, it could serve as a defense. However, informal assumptions are usually not sufficient. - Does leaving during training count as desertion?
Yes, leaving during basic or advanced training with the intent not to return qualifies as desertion. The stage of service does not change the offense. - How does the military track deserters?
Deserters are entered into law enforcement databases, and federal or civilian authorities may be notified. Arrest warrants may be issued for long-term absences. - Can a deserter be arrested by civilian police?
Yes, civilian law enforcement can detain deserters and return them to military custody. Coordination between
UCMJ Article 84 – Effecting Unlawful Enlistment, Appointment, or Separation: 35 Questions and Answers
- What is UCMJ Article 84?
Article 84 punishes anyone who knowingly causes an unlawful enlistment, appointment, or separation in the armed forces. It targets acts that bypass legal military entry or exit procedures. The offense requires knowledge and intent. - Who can be charged under Article 84?
Any service member who knowingly helps someone enter or leave the military illegally can be charged. This includes recruiters, administrators, or personnel assisting with paperwork or falsified information. - What does “unlawful enlistment” mean under this article?
It means someone entered the military when they were legally ineligible. Reasons might include age, prior criminal history, medical disqualifications, or concealed information. - What is an unlawful appointment?
An unlawful appointment occurs when someone is given a rank, commission, or position without meeting legal qualifications. This includes falsified service records or unauthorized promotions. - What is considered an unlawful separation?
An unlawful separation happens when someone is discharged from military service through improper or fraudulent means. It may involve forged documents, false claims, or manipulation of the system. - Is intent required to be guilty under Article 84?
Yes, the person must act knowingly and deliberately. Mistakes or administrative errors without intent usually do not meet the threshold. - What if someone acted under orders when committing the act?
Following orders does not excuse unlawful acts unless the orders were lawful. If the order was clearly illegal, responsibility remains with the individual who carried it out. - Can a recruiter be charged under Article 84?
Yes, if they knowingly enlist someone who is not qualified and help hide disqualifying facts. Falsifying documents or ignoring known issues may lead to charges. - Can a service member help another get out of the military unlawfully?
Yes, assisting with forged documents or misleading information for discharge purposes can result in prosecution under this article. - What type of proof is required for a conviction?
The prosecution must show that the act occurred and that the accused knew the enlistment, appointment, or separation was illegal. Documents, testimony, and digital records are common forms of evidence. - Is the person who was enlisted or discharged also charged?
Possibly, depending on their role. If they knowingly lied or assisted, they may face charges under related articles like fraud or false official statement. - Does Article 84 apply only to active-duty service members?
No, it also applies to reserve and guard members when under federal jurisdiction. Anyone subject to the UCMJ may be
UCMJ Article 82 – Solicitation: 35 Questions and Answers
- What is UCMJ Article 82?
Article 82 criminalizes the act of soliciting another person to commit a UCMJ offense. It covers both successful and unsuccessful attempts to persuade someone to break military law. The offense lies in the act of asking or urging the wrongdoing. - What does “solicitation” mean under Article 82?
Solicitation means intentionally encouraging, requesting, commanding, or advising someone to commit a specific offense. It must be purposeful and directed toward a criminal act. Mere joking or vague talk is usually not enough. - Does the other person need to commit the crime for it to be solicitation?
No, the crime does not need to happen. The solicitation itself is punishable, regardless of outcome. The focus is on the intent and the communication. - What crimes can be solicited under Article 82?
Any offense punishable by court-martial may be solicited. Common examples include desertion, assault, drug use, larceny, and mutiny. The seriousness of the solicited crime affects the penalty. - Is verbal solicitation the only way this charge applies?
No, solicitation can also occur through written messages, gestures, or electronic communication. Texts, emails, and recorded conversations are frequently used as evidence. - Can a joke or sarcastic comment be considered solicitation?
Not usually. The prosecution must prove genuine intent. Context and delivery matter when determining whether the statement was serious. - How is intent proven in solicitation cases?
Prosecutors use witness testimony, recordings, or digital messages to show intent. They focus on whether the accused clearly aimed to persuade someone to commit an offense. - What is the punishment for solicitation under Article 82?
Punishment can include confinement, reduction in rank, forfeiture of pay, and punitive discharge. The maximum penalty depends on the severity of the crime being solicited. - Can you be charged with solicitation if the person you asked refused?
Yes. The person’s refusal does not affect your guilt. The crime lies in your request, not their response. - Can solicitation and conspiracy be charged together?
Yes. Solicitation involves one person asking another to commit a crime, while conspiracy involves agreement between two or more people. Both can apply in a single case. - Is it still solicitation if you later change your mind?
If the solicitation already occurred, changing your mind does not erase it. However, prompt withdrawal or discouragement may help in sentencing. - What evidence is commonly used in Article 82 prosecutions?
Screenshots of texts, call recordings, eyewitness statements, or confessions. Digital forensics
UCMJ Article 81 – Conspiracy: 35 Questions and Answers
- What is UCMJ Article 81?
Article 81 criminalizes conspiracy, which occurs when two or more people agree to commit an offense under the UCMJ. At least one person must take an overt act toward carrying out the agreement. It punishes the agreement itself, even if the crime is never completed. - What elements must be proven for a conspiracy charge under Article 81?
The prosecution must prove there was an agreement between two or more individuals to commit an offense and that at least one conspirator took action to advance the plan. Both agreement and action are required. - Does the crime have to be completed for a conspiracy charge?
No, the actual crime does not need to happen. The existence of a shared plan and a step toward it is enough. The conspiracy itself is the punishable act. - Can you be charged with conspiracy even if you backed out?
Yes, withdrawal after the agreement does not erase the offense. However, it might help during sentencing. Timing and proof of withdrawal matter. - What is considered an overt act in a conspiracy?
An overt act is any step taken to further the plan, such as sending a message, gathering materials, or assigning roles. It does not have to be illegal itself, only connected to the conspiracy. - Can someone be guilty of conspiracy if they never committed the crime?
Yes, conspiracy is a separate offense. You can be found guilty even if the crime never happens. Agreement and one act are enough. - How is conspiracy different from attempt?
Conspiracy requires agreement between people, while attempt involves one person acting with intent to commit a crime. Both can be charged separately. - Can conspiracy be charged alongside other offenses?
Yes, it often is. For example, a service member can be charged with conspiracy to commit larceny and larceny itself. They are distinct offenses. - How do prosecutors prove there was an agreement?
They may use messages, witness statements, or circumstantial evidence showing coordination. Direct statements are not always necessary. The agreement can be inferred from conduct. - What kinds of crimes can be part of a conspiracy under Article 81?
Any UCMJ offense can be the object of a conspiracy, including assault, theft, drug offenses, or desertion. The seriousness of the underlying crime affects punishment. - Is talking about a crime enough to be conspiracy?
No, there must be an actual agreement and at least one overt act. Idle
UCMJ Article 80 – Attempts: 35 Questions and Answers
- What is UCMJ Article 80?
It is the article that criminalizes attempting to commit any offense listed in the UCMJ. The attempt must be intentional and involve a direct act toward committing the crime. The actual offense does not need to be completed. - What are the elements of an Article 80 charge?
The prosecution must prove intent to commit a specific offense, and that the accused took a substantial step toward completing it. Mere preparation is not enough. The step must clearly move toward the crime. - Can someone be punished for a crime they didn’t finish?
Yes, attempts are punishable almost the same as completed crimes under Article 80. The focus is on intent and action. Failure does not prevent punishment. - What counts as a substantial step?
Any clear act moving beyond planning and directly aiming at the offense qualifies. Examples include loading a weapon for an intended assault or entering restricted space for unauthorized access. It must show clear purpose. - Is thinking or talking about a crime an attempt?
No, thoughts and conversations alone are not enough. There must be physical action. Intent without movement is not punishable under Article 80. - Can you be charged for an impossible crime?
Yes, if the accused believed they were committing a crime and acted on it. Legal impossibility is not a defense. Belief and behavior matter more than outcome. - How is an attempt different from conspiracy?
An attempt involves acting alone to commit a crime. Conspiracy requires two or more people agreeing to commit a crime. They are separate offenses. - Can attempt be charged with other crimes?
Yes, attempt charges often accompany other UCMJ offenses. For example, attempted desertion plus false official statement. They can be prosecuted together. - What is the maximum punishment under Article 80?
Usually, the punishment mirrors that of the completed offense. This includes confinement, reduction in rank, forfeiture of pay, and discharge. Severity depends on the crime attempted. - Can you defend yourself by saying you changed your mind?
Yes, voluntary abandonment before completing the crime can be a defense. It must be a complete and genuine withdrawal. Pressure or fear of getting caught weakens this defense. - What if someone else stops you?
Stopping due to intervention does not count as voluntary abandonment. The attempt is still punishable. Your intent and action already crossed the legal line. - What role does intent play in attempt cases?
Intent is everything. Without