U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER X— PUNITIVE ARTICLES

10 U.S.C. § 889

Art. 89. Disrespect toward superior commissioned officer; assault of superior commissioned officer

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(a)Disrespect.—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)Assault.—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.(Aug. 10, 1956, ch. 1041, 70A Stat. 67; Pub. L. 114–328, div. E, title LX, § 5408, Dec. 23, 2016, 130 Stat. 2941.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

889

50:683.

May 5, 1950, ch. 169, § 1 (Art. 89), 64 Stat. 135.

The word “commissioned” is inserted for clarity.

Editorial NotesPrior 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 SubsidiariesEffective Date of 2016 Amendment

Amendment 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.

Notes of Decisions
Cited in 112 cases (8 in the last 5 years), 1957–2025 · leading case: United States v. Rapert, 75 M.J. 164 (C.A.A.F. 2016).
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United States v. Rapert, 75 M.J. 164 (C.A.A.F. 2016). · cites it 2× “Article 89, UCMJ, 10 U.S.C. § 889 (2012) (criminalizing disrespect towards a senior commissioned officer); Article 90, UCMJ, 10 U.”
Veitch, D. Philip v. England, Gordon R., 471 F.3d 124 (D.C. Cir. 2006). · cites it 2× “10 U.S.C. § 889 (2000). He was also charged under Article 86 of the UCMJ with “failure to go to appointed place of duty,” 10 U.”
Parker v. Levy, 417 U.S. 733 (1974). · cites it 2× “89, 10 U. S. C. § 889 ; cruelty toward, or oppression or maltreatment of subordinates, Art.”
United States v. Brown, 55 M.J. 375 (C.A.A.F. 2001). · cites it 2× “A general court-martial composed of officer members convicted appellant, contrary to his pleas, of one specification of disrespect toward a superior officer and six specifications of conduct unbecoming an officer, in violation of Articles 89 and 133, Uniform Code of Military…”
State v. Davis, 582 S.E.2d 289 (N.C. Ct. App. 2003). · cites it 4× “" Thus, under 10 U.S.C. §§ 889 and 890, a man or woman in the service "shall be punished" by court-martial for behaving with disrespect toward his superior commissioned officer or for willfully disobeying a lawful command of his superior commissioned officer.”
United States v. Rockwood, 52 M.J. 98 (C.A.A.F. 1999). · cites it 2× “cer, and a fellow military officer who came to the Penitentiary in light of appellant's activities; (3) unlawfully departing the combat support hospital, which had become his appointed place of duty on October 1 pending evacuation from the country, in violation of Article 86;…”
Scott v. United States, 392 A.2d 4 (D.C. 1978). · cites it 2× “Appellant contends, next, that the trial court erred in sentencing him as a prior felon, based on his 1952 convictions by general court-martial of the following offenses: disrespect toward a superior commissioned officer ( 10 U.S.C. § 889 [1970]), assaulting a superior…”
United States v. Joshua, 607 F.3d 379 (4th Cir. 2010). “For example, the UCMJ contains criminal prohibitions against insubordination, 10 U.S.C. § 889 , maltreatment of subordinates, 10 U.”
United States v. Richardson, 7 M.J. 320 (1979). · cites it 2× “icer (specification 2 of Charge III); an assault and battery upon this officer while he was in the execution of his office (specification 3 of Charge III); and an assault and battery upon his superior noncommissioned officer while he was in the execution of his office…”
Smith v. Vanderbush, 47 M.J. 56 (C.A.A.F. 1997). “sing the words “punk bitch” and “black bastard”); willful disobedience of lawful orders; resisting apprehension; using a provoking word; striking the chests of military policemen attempting to subdue him; choking a Korean female and soliciting sex from her; and being drunk and…”
Mote v. United States, 110 F.4th 1345 (Fed. Cir. 2024). “The LOA explained that Mote had specifically been instructed regarding professionalism and that Colonel Jones consid- ered Mote’s latest email a “blatant disregard for [his] pre- vious instructions” and a “direct violation of Article 89 of the [Uniform Code of Military Justice…”
United States v. Lewis, 12 M.J. 205 (1982). “*206 Opinion of the Court COOK, Judge: The accused was tried by special court-martial before a military judge alone, and was convicted, contrary to his pleas, among other things, of disrespect to a superior commissioned officer and dereliction of duty, in violation of Articles…”
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