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. § 894

Art. 94. Mutiny or sedition

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(a) Any person subject to this chapter who—(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment 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)

894(a)

894(b)

50:688(a).

50:688(b).

May 5, 1950, ch. 169, § 1 (Art. 94), 64 Stat. 136.

In subsection (a)(1) and (2), the words “or persons” are omitted, since, under section 1 of title 1, words importing the singular may apply to several persons.

In subsection (a)(3), the word “a” is substituted for the words “an offense of”. The words “commissioned officer” are inserted after the word “superior”, for clarity.

Notes of Decisions
Cited in 22 cases, 1958–2019 · leading case: Jeffers v. United States, 432 U.S. 137 (1977).
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Jeffers v. United States, 432 U.S. 137 (1977). · cites it 2× “V) (Commodity Futures Trading Commission Act of 1974—liability as principal); 10 U. S. C. § 894 (a) (Code of Military Justice—mutiny or sedition); 29 U.”
United States v. Spicer, 71 M.J. 470 (C.A.A.F. 2013). · cites it 2× “, Article 94(a), UCMJ, 10 U.S.C. § 894 (a) (2006) (subsection (1) prohibits one acting in concert with another from refusing to obey orders with the intent to usurp military authority; subsection (2) prohibits one, acting in concert with another, from revolting with intent to…”
United States v. Brown, 45 M.J. 389 (C.A.A.F. 1996). · cites it 2× “Likewise, 220 years later, Article 94, Uniform Code of Military Justice, 10 USC § 894 , proscribes mutiny as a crime against military good order and provides for the death penalty or other such punishment as a court-martial may direct.”
United States v. Crossley, 10 M.J. 376 (1981). “See Article 94, UCMJ, 10 U.S.C. § 894 . Moreover, General Fleming had only a small number of Marines in his command; personal contact occurred between the general and appellant before and after the incident; the general was personally present when the acts occurred which flouted…”
United States v. Kinsch, 54 M.J. 641 (A.C.C.A. 2000). “In military prisons, limitations on the conduct of those in positions of power and the ability of the military courts to provide meaningful relief in the face of substantiated abuses of power contribute to an atmosphere of discipline and civility and tend to reduce the…”
United States v. Gay, 16 M.J. 586 (1983). “Further, if the death penalty for the military offenses discussed above is abolished, the ability of the United States to successfully wage war will be greatly diminished when combat personnel perceive life imprisonment with the possibility of parole infinitely preferable to a…”
United States v. Herd, 29 M.J. 702 (1989). “94, 99, 100, 101, 102, 104, 118, and 120, 10 U.S.C. §§ 894 , 899, 900, 901, 902, 904, 918, 920.”
Roland E. Simcox v. Paul J. Madigan, Warden, Fed. Penitentiary, Alcatraz, California, 298 F.2d 742 (9th Cir. 1962). · cites it 2× “On February 27,1953, while in military confinement at Camp Gordon, Georgia, appellant was sentenced to a further term of imprisonment for the capital offense of mutiny, 10 U.S.C.A. § 894 . The sentence for this offense was finally fixed at twelve years.”
United States v. Woolbright, 12 C.M.A. 450 (1961). “Article 95, 10 USC § 895 , and not guilty to mutiny, in violation of Code, supra, Article 94, 10 USC § 894 . He was found guilty of both offenses and sentenced to dishonorable discharge, forfeiture of all pay and allowances, and confinement for three years.”
Perovitz v. Perovitz, 490 P.2d 320 (Idaho 1971). “” 10 U. S.C.A. § 894 (1927); 32 C.F.R., Ch.”
United States v. Pete, 39 M.J. 521 (1994). “Concerted action by soldiers that disrupts the military, but does not have union-related objectives, may be prohibited by Article 94, UCMJ, 10 U.S.C. § 894 . That statute provides, in pertinent part, that a soldier who, “with intent to usurp or override lawful military…”
United States v. Sanchez, 40 M.J. 508 (1994). “OPINION OF THE COURT GRAVELLE, Senior Judge: Contrary to his plea, the appellant was convicted by a military judge sitting as a general court-martial of mutiny, in violation of Article 94, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. § 894 (1988). The convening…”
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