MCM on Mutiny and Sedition

Article 94 -- Mutiny and sedition 2005 MCM Article 94-18 a. Text. "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." b. 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. c. 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. 2 (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) (dereliction of duty). (5) Attempted mutiny. For a discussion of attempts, see paragraph 4. d. 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 3 (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 e. Maximum punishment. For all offenses under Article 94, death or such other punishment as a court-martial may direct. f. Sample specifications. (1) Mutiny by creating violence or disturbance. 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 ) ( ). (2) Mutiny by refusing to obey orders or perform duties. In that (personal jurisdiction data), with intent to (usurp) (override) (usurp and override) lawful military authority, did, (at/on board -- location) 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 ). (3) Sedition. In that (personal jurisdiction data), with intent to cause the (overthrow) (destruction) (overthrow and destruction) of lawful civil authority, to wit: , did, (at/on 4 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 ) ( ). (4) Failure to prevent and suppress a mutiny or sedition. 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) ( ). (5) Failure to report a mutiny or sedition. 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. (6) Attempted mutiny. 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 ) ( ). 5