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Text.
(a) "Any person
subject to this chapter who--
(1) with intent to
usurp or override lawful military authority, refuse, in concert with any
other person, to obey orders or otherwise do his duty or creates any
violence or disturbance is guilty of mutiny;
(2) 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;
(3) 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.
(b) 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."
Elements.
(1) Mutiny by
creating violence or disturbance.
(a) That the
accused created violence or a disturbance; and
(b) That the accused created this violence or disturbance with intent to
usurp or override lawful military authority.
(2) Mutiny by
refusing to obey orders or perform duty.
(a) That the
accused refused to obey orders or otherwise do the accused's duty;
(b) That the accused in refusing to obey orders or perform duty acted in
concert with another person or persons; and
(c) That the accused did so with intent to usurp or override lawful
military authority.
(3) Sedition.
(a) That the
accused created revolt, violence, or disturbance against lawful civil
authority;
(b) That the accused acted in concert with another person or persons;
and
(c) That the accused did so with the intent to cause the overthrow or
destruction of that authority.
(4) Failure to
prevent and suppress a mutiny or sedition.
(a) That an offense of mutiny or sedition was committed in the presence
of the accused; and
(b) That the accused failed to do the accused's utmost to prevent and
suppress the mutiny or sedition.
(5) Failure to
report a mutiny or sedition.
(a) That an
offense of mutiny or sedition occurred;
(b) That the accused knew or had reason to believe that the offense was
taking place; and
(c) That the accused failed to take all reasonable means to inform the
accused's superior commissioned officer or commander of the offense.
(6) Attempted
mutiny.
(a) That the
accused committed a certain overt act;
(b) That the act was done with specific intent to commit the offense of
mutiny;
(c) That the act amounted to more than mere preparation; and
(d) That the act apparently tended to effect the commission of the
offense of mutiny.
Explanation.
(1) Mutiny.
Article 94( a)(1) defines two types of mutiny, both requiring an intent
to usurp or override military authority.
(a) Mutiny by
creating violence or disturbance. Mutiny by creating violence or
disturbance may be committed by one person acting alone or by more than
one acting together.
(b) Mutiny by refusing to obey orders or perform duties. 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.
(2) Sedition.
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) above.
(3) Failure to prevent and suppress a mutiny or sedition. "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.
(4) Failure to report 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
paragraph 16c(3) (Article 92 - dereliction of duty).
(5) Attempted mutiny. For a discussion of attempts, see
paragraph 4 (Article 80).
Lesser included offenses.
(1) Mutiny by
creating violence or disturbance.
(a)
Article 90--assault
on commissioned officer
(b)
Article 91--assault
on warrant, noncommissioned, or petty officer
(c) Article 94--attempted mutiny
(d)
Article 116--riot; breach of peace
(e)
Article 128--assault
(f)
Article 134--disorderly conduct
(2) Mutiny by
refusing to obey orders or perform duties.
(a)
Article 90--willful disobedience of commissioned officer
(b)
Article 91--willful disobedience of warrant, noncommissioned, or
petty officer
(c)
Article 92--failure to obey lawful order
(d) Article 94--attempted mutiny
(3) Sedition.
(a)
Article 116--riot; breach of peace
(b)
Article 128--assault
(c)
Article 134--disorderly conduct
(d)
Article 80--attempts
Maximum punishment.
For all
offenses under Article 94, death or such other punishment as a
court-martial may direct. |
