10 U.S.C. § 891

Art. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 10 CasesGoogle Scholar
Any warrant officer or enlisted member who—(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;shall be punished as a court-martial may direct.(Aug. 10, 1956, ch. 1041, 70A Stat. 68.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

891

50:685.

May 5, 1950, ch. 169, § 1 (Art. 91), 64 Stat. 136.

The word “member” is substituted for the word “person”.

Notes of Decisions
Cited in 204 cases (13 in the last 5 years), 1957–2025 · leading case: United States v. Medina, 66 M.J. 21 (C.A.A.F. 2008).
United States v. Medina, 66 M.J. 21 (C.A.A.F. 2008). · cites it 2× “§ 934 (2000); four specifications of indecent acts with a minor also in violation of Article 134, UCMJ; and disobeying a noncommissioned officer, in violation of Article 91, UCMJ, 10 U.S.C. § 891 (2000). The child pornography offenses alleged violations of the Child Pornography…”
Middendorf v. Henry, 425 U.S. 25 (1976). · cites it 2× “91, Uniform Code of Military Justice (UCMJ), 10 U. S. C. § 891 . [4] Plaintiffs were so informed and consented pursuant to the terms of (Navy) Staff Judge Advocate Memorandum 10-72 which was in force at El Toro Marine Corps Air Station where all plaintiffs were stationed.”
United States v. Nealy, 71 M.J. 73 (C.A.A.F. 2012). · cites it 2× “A military judge, sitting alone as a general court-martial, convicted Appellant, pursuant to his pleas, of disobeying a noncommissioned officer, use of provoking speech,1 assault with a deadly weapon, and communicating a threat, in violation of Articles 91, 117, 128, and 134,…”
United States v. Roland, 50 M.J. 66 (C.A.A.F. 1999). · cites it 2× “91 and 92, Uniform Code of Military Justice, 10 USC §§ 891 and 892, respectively. As such, I do not believe that they can be considered presumptively unqualified.”
United States v. Weeks, 71 M.J. 44 (C.A.A.F. 2012). “In accordance with his pleas, Appellant was convicted by a military judge alone in a general court-martial of: one specification of disobeying a noncommissioned officer, one specification of violating a no-contact order, one specification of larceny, and one specification of…”
State v. Sanders, 245 S.E.2d 674 (N.C. 1978). · cites it 2× “The provision of the Uniform Code of Military Justice which was read to the jury during the charge is found at 10 U.S.C. § 891 and makes it a court-martial offense for an enlisted man to strike, assault or treat with disrespect a non-commissioned officer while that officer is in…”
United States v. Foster, 40 M.J. 140 (1994). “Pursuant to his pleas, appellant was also convicted of disobeying a lawful order of a superior noncommissioned officer, and being incapacitated for performance of duties because of previous over indulgence in intoxicating liquor, in violation of Articles 91 and *142 134, UCMJ,…”
United States v. Janssen, 73 M.J. 221 (C.A.A.F. 2014). “Articles 91, 120, 128, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 891 , 920, 928, 934 (2012). The members sentenced Appellant to a bad-conduct discharge, confinement for twelve years and eight months, forfeiture of $1,300 pay per month for twelve years, and…”
United States v. Harper, 22 M.J. 157 (1986). “Contrary to his pleas, he was found guilty of use of disrespectful language, disobedience of a lawful order, three specifications of wrongful use of marihuana, and three specifications of wrongful possession of marihuana, in violation of Article 91, 92, and 134, Uniform Code of…”
United States v. Ranney, 67 M.J. 297 (C.A.A.F. 2009). · cites it 2× “The portion of the lower court’s decision affirming a conviction for violation of Article 91, UCMJ, 10 U.S.C. § 891 (2000), is affirmed. The record is returned to the Judge Advocate General 14 United States v.”
United States v. Feliciano, 76 M.J. 237 (C.A.A.F. 2017). “He was also convicted, in accordance with his pleas, of one specification each of being disrespectful to a noncommis-sioned officer (NCO), disobeying a NCO, and disorderly conduct under Articles 91 and 134, UCMJ, 10 U.S.C. § 891 , 934 (2012), and two specifications of using…”
United States v. Bridges, 66 M.J. 246 (C.A.A.F. 2008). “A special court-martial composed of a military judge sitting alone, convicted Appellant, pursuant to his pleas, of insubordinate conduct toward a superior petty officer (two specifications), wrongful use of controlled substances (three specifications), and breaking restriction,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.