§889 — Title 10 Armed Forces | U.S. Code

Summary

Punishes military members who disrespect a superior commissioned officer; a court-martial decides the penalty. If someone strikes, draws a weapon, or threatens that officer while the officer is on duty, punishment in wartime can include death or other penalties, and at other times it can include penalties but not death.

Title 10, §889

Armed Forces — Source: USLM XML via OLRC

(a)Any person subject to this chapter who behaves with disrespect toward that person’s superior commissioned officer shall be punished as a court-martial may direct.

(b)Any person subject to this chapter who strikes that person’s superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while the officer is in the execution of the officer’s office shall be punished—

(1)if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and

(2)if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 88950:683.May 5, 1950, ch. 169, § 1 (Art. 89), 64 Stat. 135. The word “commissioned” is inserted for clarity.

Editorial Notes

Prior Provisions

Provisions similar to those in subsec. (b) of this section were contained in section 890 of this title, prior to amendment by Pub. L. 114–328, div. E, title LX, § 5409, Dec. 23, 2016, 130 Stat. 2942.

Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

§889 Art. 89. Disrespect Toward Superior Commissioned Officer; Assault of Superior Commissioned Officer