UCMJ Article 117 – Provoking Speeches or Gestures

UCMJ Article 117 makes it an offense for a service member to use provoking or reproachful words or gestures toward another person subject to the UCMJ. The purpose of this article is to prevent fights, maintain discipline, and preserve harmony within the ranks. Words or gestures that are likely to provoke a fight or disturb good order fall under this offense.

The military recognizes that unit cohesion depends on mutual respect and restraint. Provoking speeches or gestures undermine that cohesion and can escalate into violence, which is why Article 117 prohibits them even before physical conflict occurs.

Key Elements

The prosecution must prove:

  1. That the accused wrongfully used certain words or gestures toward another person.
  2. That the words or gestures were provoking or reproachful in nature.
  3. That the person targeted was subject to the UCMJ.

It is not necessary that a fight actually occur. The offense is complete once the words or gestures are made in circumstances where they could reasonably provoke violence.

Scope and Application

Article 117 applies to conduct such as:

  • Using offensive or insulting language directed at another service member.
  • Making obscene or aggressive gestures likely to provoke a fight.
  • Publicly humiliating or reproaching another service member in a manner that could lead to disorder.

The provision does not prohibit all disagreements or criticisms. The words or gestures must be provoking or reproachful, meaning they would reasonably cause another to retaliate or breach the peace.

Punishment

The maximum punishment is confinement for 6 months, forfeiture of two-thirds pay per month for 6 months, and reduction to the lowest enlisted grade.

Defenses

Possible defenses include:

  • Not provoking: The words or gestures were not reasonably likely to cause violence.
  • Not directed at a service member: The target was not subject to the UCMJ.
  • Lawful authority: Words spoken in lawful orders or official duties do not qualify.
  • Context: If the remarks were clearly joking or friendly in nature, they may not be provoking.

Examples

If a soldier insults another with slurs in a heated argument, Article 117 applies. If a sailor makes obscene gestures in a way likely to provoke a fight, it is punishable. By contrast, a professional critique delivered respectfully in a workplace setting is not a violation.

Conclusion

Article 117 reinforces respect and discipline within the armed forces by punishing provoking speeches or gestures. By addressing misconduct before it escalates into violence, the article helps maintain harmony and prevents unnecessary conflict among service members.

Frequently Asked Questions

1. What qualifies as a provoking speech or gesture?
Insults, obscene gestures, or reproachful remarks that are likely to provoke a violent response. The standard is what a reasonable person would find provoking.

2. Does a fight need to happen for guilt under Article 117?
No, the offense is complete once the provoking words or gestures are made. Actual violence is not required.

3. What is the maximum punishment?
Confinement for 6 months, forfeiture of two-thirds pay per month for 6 months, and reduction to the lowest enlisted grade.

4. Can Article 117 apply to friendly teasing?
Not usually. If the context shows the words were understood as harmless or joking, they may not qualify as provoking.

5. Does it matter if the other person was offended?
The key issue is whether the words or gestures were objectively provoking, not whether the target subjectively felt insulted.

6. Who must the words or gestures be directed at?
Another person subject to the UCMJ, such as a fellow service member. Conduct toward civilians may fall under other articles.

7. Can orders or commands be considered provoking?
No, lawful orders or disciplinary actions, even if disliked, are not provoking speeches or gestures.

8. What if alcohol was involved?
Intoxication is not a defense. Service members are still responsible for their conduct while drunk.

9. How does Article 117 relate to assault?
Article 117 punishes words or gestures likely to provoke a fight, while assault punishes physical acts or threats.

10. Why is Article 117 important for military discipline?
Because preventing fights and maintaining respect among service members preserves good order, morale, and mission effectiveness.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 917, Article 117
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0145
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Davis, 37 C.M.R. 322 (1967)
  • 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 117 or any other UCMJ provision, you should consult a qualified military attorney.

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