UCMJ Article 89: Disrespect Toward or Assault of a Superior Commissioned Officer

The relationship between a service member and a superior commissioned officer rests on a baseline of respect and physical safety. Article 89 of the Uniform Code of Military Justice protects both. It punishes two related but distinct kinds of misconduct: behaving with disrespect toward a superior commissioned officer, and striking or offering violence against one who is in the execution of office. The two offenses live in the same article because they share a victim and a purpose, but they differ sharply in seriousness and in the proof they require.

The current scope of Article 89 reflects a 2019 reorganization. Before the Military Justice Act of 2016 took effect on January 1, 2019, Article 89 covered disrespect alone, and assault of a superior commissioned officer was charged under Article 90. The reorganization moved the assault offense into Article 89, codified at 10 U.S.C. 889, so that disrespect and assault of a superior commissioned officer now sit together in subsections (a) and (b). Article 90 was left to address willful disobedience only.

What the statute prohibits

Article 89 reaches two forms of conduct. The first, in subsection (a), is behaving with disrespect toward the accused’s superior commissioned officer. Disrespect can take the form of contemptuous words, gestures, or behavior, and it can occur in the officer’s presence or, in some circumstances, outside it. The second, in subsection (b), is striking, drawing or lifting up a weapon against, or otherwise offering violence against a superior commissioned officer while that officer is in the execution of office. Subsection (b) is a true assault offense and is treated far more seriously than disrespect.

Elements the government must prove

For disrespect under subsection (a), the prosecution must establish beyond a reasonable doubt:

  1. That the accused did or said certain things or behaved in a certain manner toward a certain commissioned officer.
  2. That this officer was the superior commissioned officer of the accused.
  3. That the accused knew that this officer was the accused’s superior commissioned officer.
  4. That the accused’s behavior, words, or conduct was disrespectful toward that officer.

For assault under subsection (b), the prosecution must establish:

  1. That the accused struck, drew or lifted up a weapon against, or offered violence against a certain commissioned officer.
  2. That this officer was the superior commissioned officer of the accused.
  3. That the accused knew that this officer was the accused’s superior commissioned officer.
  4. That this officer was then in the execution of office.

Maximum punishment

For disrespect under subsection (a), Part IV of the Manual for Courts-Martial sets the maximum punishment according to the nature of the superior relationship. Where the officer was superior in command, the maximum is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. Where the officer was superior in rank only, the maximum is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for six months.

For assault under subsection (b) committed in time of peace, the maximum punishment is a dishonorable discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for ten years. When that offense is committed in time of war, the statute authorizes death or such other punishment as a court-martial may direct, and that wartime variation is treated as a capital offense. For offenses committed on or after December 27, 2023, the revised sentencing procedures under the Military Justice Act framework apply.

Defenses

For the disrespect offense, lack of knowledge that the person was a superior commissioned officer negates a required element. Conduct that was critical or candid but not contemptuous may fall short of disrespect, and a lawful complaint or disagreement expressed through proper channels is not punishable. For the assault offense, a key element is that the officer was in the execution of office at the time, so conduct during a purely private dispute unconnected to the officer’s duties may not satisfy that element, though other assault provisions could apply. Self-defense may be available in the rare case where the superior used unlawful force and the accused responded with no more force than reasonably necessary.

Distinctions from related offenses

Article 89 protects superior commissioned officers specifically. Disrespect or assault directed at warrant officers, noncommissioned officers, or petty officers is charged under Article 91, which covers insubordinate conduct toward those ranks. Willful disobedience of a lawful command from a superior commissioned officer is charged under Article 90. Where the victim is not a superior of the accused, a general assault may be charged under Article 128 instead. The dividing line is the status of the victim and, for subsection (b), whether that superior officer was in the execution of office.

Frequently asked questions

Does Article 89 now cover both disrespect and assault?
Yes. Since January 1, 2019, Article 89 has covered disrespect toward a superior commissioned officer in subsection (a) and assault of a superior commissioned officer in subsection (b). Before that date, assault was charged under Article 90.

What kinds of behavior count as disrespect?
Contemptuous or insulting words, gestures, or conduct directed at a superior commissioned officer can qualify. Courts consider tone, context, and intent. Respectful disagreement or a lawful complaint made through proper channels is not disrespect.

Why does the punishment for disrespect vary?
The maximum depends on whether the officer was the accused’s superior in command or only superior in rank. Disrespect to a superior in command carries up to one year of confinement, while disrespect to a superior in rank carries up to six months.

Does the officer have to be on duty for an assault charge?
For subsection (b), the officer must have been in the execution of office at the time of the assault. Violence during a private dispute unrelated to the officer’s duties may not meet that element, although other assault offenses may still apply.

Can disrespect occur when the officer is not present?
It can, in some circumstances, where the conduct is directed at the officer and undermines that officer’s authority, such as contemptuous remarks made to others. The presence or absence of the officer is one factor courts weigh in deciding whether the conduct was disrespectful.

Sources

10 U.S.C. 889, Article 89, Disrespect toward superior commissioned officer; assault of superior commissioned officer: https://www.law.cornell.edu/uscode/text/10/889

Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Portals/99/2024%20MCM%20files/MCM%20(2024%20ed)%20(20240102)%20(adjusted%20bookmarks).pdf

Military Attorney Joseph L. Jordan, Articles of the UCMJ

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

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