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. § 890

Art. 90. Willfully disobeying superior commissioned officer

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Any person subject to this chapter who willfully disobeys a lawful command of that person’s superior commissioned officer 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. 68; Pub. L. 114–328, div. E, title LX, § 5409, Dec. 23, 2016, 130 Stat. 2942.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

890

50:684.

May 5, 1950, ch. 169, § 1 (Art. 90), 64 Stat. 135.

The word “commissioned” is inserted for clarity.

Editorial NotesAmendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, section related to the offense of assaulting or willfully disobeying a superior commissioned officer. See section 889(b) of this title.

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 409 cases (39 in the last 5 years), 1957–2026 · leading case: United States v. Quiroz, 55 M.J. 334 (C.A.A.F. 2001).
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United States v. Quiroz, 55 M.J. 334 (C.A.A.F. 2001). · cites it 2× “90(2), 91(2), 92, 133, and 134, UCMJ, 10 USC §§ 890 (2), 891(2), 892, 933, and 934, respectively.”
United States v. New, 55 M.J. 95 (C.A.A.F. 2001). · cites it 4× “90, 91, and 92, UCMJ, 10 USC §§ 890 , 891, and 892, respectively.”
United States v. Jordan, 57 M.J. 236 (C.A.A.F. 2002). · cites it 2× “Consistent with his pleas, appellant was convicted of two specifications of willful disobedience of a superior commissioned officer, failure to obey a lawful order by wrongfully having an unregistered guest in the barracks, four specifications of breaking restriction, and…”
United States v. Rapert, 75 M.J. 164 (C.A.A.F. 2016). · cites it 2× “§ 889 (2012) (criminalizing disrespect towards a senior commissioned officer); Article 90, UCMJ, 10 U.S.C. § 890 (2012) (criminalizing willful disobedience of a superior officer).”
Middendorf v. Henry, 425 U.S. 25 (1976). · cites it 2× “90 (1), UCMJ, 10 U. S. C. § 890 (1)—for which a general court-martial could impose a 10-year sentence—would ever be prosecuted before a court which could impose maximum confinement at hard labor for only one month.”
United States v. Clark, 62 M.J. 195 (C.A.A.F. 2005). · cites it 3× “4 10 U.S.C. §§ 890 , 912a, 934 (2000). 5 10 U.”
Parker v. Levy, 417 U.S. 733 (1974). · cites it 2× “[2] Article 90 of the Uniform Code of Military Justice, 10 U. S. C. § 890 , provides: "Any person subject to this chapter who— "(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his…”
United States v. Hays, 62 M.J. 158 (C.A.A.F. 2005). · cites it 2× “§ 2252A (2000) (four specifications); soliciting another to rape a child; and false swearing, in violation of Articles 90, 92, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 890 , 892, 934 (2000), respectively.”
State v. Crocker, 435 A.2d 58 (Me. 1981). · cites it 2× “[10] 10 U.S.C. §§ 890 et seq. [11] This exception to the doctrine of "strict necessity" is acknowledged in United States v.”
Scott v. United States, 392 A.2d 4 (D.C. 1978). · cites it 4× “§ 889 [1970]), assaulting a superior commissioned officer ( 10 U.S.C. § 890 [1970]), failure to obey a lawful order ( 10 U.”
United States v. Swift, 53 M.J. 439 (C.A.A.F. 2000). · cites it 2× “90 and 91, UCMJ, 10 USC §§ 890 and 891, respectively. Failure to respond to the expectations of military life can lead to charges of dereliction of duty, see , e .”
United States v. Ranney, 67 M.J. 297 (C.A.A.F. 2009). · cites it 3× “Contrary to Appellant’s pleas, members sitting as a special court-martial found Appellant guilty of willfully disobeying a lawful order of a superior commissioned officer and of willfully disobeying the lawful order of a noncommissioned officer, in violation of Articles 90 and…”
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