UCMJ Article 116 – Riot or Breach of Peace

UCMJ Article 116 punishes service members who take part in a riot or who cause a disturbance that breaches the peace. Discipline and order are the backbone of military effectiveness, and collective disorder or violent conduct threatens not only the safety of individuals but also the reputation and operational readiness of the armed forces.

The article addresses two related offenses: riot and breach of peace. A riot occurs when three or more persons assemble and engage in violence or disturbance of the peace in a way that threatens public order. A breach of peace involves actions that disturb public tranquility, even if not rising to the level of riot.

Key Elements

For riot:

  1. That the accused took part in an assembly of three or more persons.
  2. That the group engaged in violence or disorder likely to disturb public peace.
  3. That the accused knowingly participated.

For breach of peace:

  1. That the accused engaged in conduct such as fighting, shouting, or violent behavior.
  2. That the conduct disturbed public peace or order.
  3. That the conduct was wrongful and without justification.

Scope and Application

Article 116 applies to service members worldwide. It covers disturbances on or off military installations and in both peacetime and wartime. Typical misconduct includes:

  • Participating in fights involving multiple service members.
  • Creating riots in barracks, towns near bases, or while deployed overseas.
  • Disorderly and violent behavior that alarms civilians or disrupts order.

Even if local civilian law addresses riots or breaches of peace, military authorities may prosecute under Article 116 to preserve discipline within the ranks.

Punishment

  • Maximum punishment for riot: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 2 years.
  • Maximum punishment for breach of peace: Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for up to 6 months.

Defenses

Possible defenses include:

  • Not wrongful: Conduct was lawful, such as participating in authorized assemblies or demonstrations.
  • Lack of intent: The accused did not knowingly participate in the riot or disturbance.
  • Self-defense: Conduct occurred while defending against unlawful force.
  • Insufficient numbers: For riot, fewer than three persons were involved.

Examples

If a group of soldiers starts a violent disturbance in a local town while on liberty, Article 116 applies. If Marines brawl in barracks, disturbing others and creating a riot-like atmosphere, that is punishable. A sailor loudly arguing in public without violence may be guilty of breach of peace if it alarms or disturbs the public.

Conclusion

UCMJ Article 116 ensures that service members maintain discipline and do not undermine public order through riots or disturbances. The article distinguishes between group violence and individual misconduct, punishing both in order to preserve good order, military reputation, and community relations.

Frequently Asked Questions

1. What is the difference between riot and breach of peace under Article 116?
Riot requires three or more people engaging in violence or disorder. Breach of peace can be committed by a single person through disorderly conduct that disturbs public order.

2. Does Article 116 apply only on base?
No. It applies to service members worldwide, whether on base, off base, or overseas.

3. What is the maximum punishment for riot?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 2 years.

4. How many people are needed for a riot?
At least three participants. Fewer than three cannot constitute a riot but may still be a breach of peace.

5. Can self-defense excuse participation in a riot?
Yes, if the accused’s conduct was limited to defending against unlawful force and not joining the disorder.

6. Can lawful protests be charged under Article 116?
No, if they are peaceful and authorized. Only violent or disorderly conduct falls under Article 116.

7. Does intoxication excuse riot or breach of peace?
No, intoxication is not a defense. Service members are accountable for their actions regardless of alcohol use.

8. Can civilians be prosecuted under Article 116?
No, unless they are subject to the UCMJ. Civilians are normally prosecuted under local law.

9. Why does the military punish riots so harshly?
Because they undermine discipline, endanger lives, damage public trust, and disrupt operations.

10. How does Article 116 protect community relations?
It reassures the public that the military will hold its members accountable for disorderly or riotous behavior, preserving respect and cooperation with civilian communities.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 916, Article 116
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0144
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Brown, 41 C.M.R. 20 (1969)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 116 or any other UCMJ provision, you should consult a qualified military attorney.

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