10 U.S.C. § 916
Art. 116. Riot or breach of peace
Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
Notes of Decisions
Cited in 23
cases (5 in the last 5 years), 1959–2026 · leading case: United States v. Rush, 54 M.J. 313 (C.A.A.F. 2001).
United States v. Rush, 54 M.J. 313 (C.A.A.F. 2001). “Contrary to his pleas, he was found guilty of breaching the peace, two specifications of assault with a dangerous weapon, a knife, on different soldiers, and wrongfully communicating a threat, in violation of Articles 116, 128, and 134, Uniform Code of Military Justice, 10 USC…”
United States v. Johanns, 17 M.J. 862 (1983). “, Article 116, 10 U.S.C. § 916 ; (2) blackmail and extortion, see Navy Courts and Boards, section 93, and U.”
United States v. Kelson, 3 M.J. 139 (1977). “COOK, Judge: The appellant was tried by a special court-martial before a military judge alone for breach of the peace (two specifications) and assault, in violation of Articles 116 and 128, Uniform Code of Military Justice, 10 U.S.C. §§ 916 and 928, respectively. Contrary to his…”
United States v. Metcalf, 16 C.M.A. 153 (1966). “Opinion of the Court FeRGuson, Judge: Tried by special court-martial, the accused was found guilty of riot, in violation of Uniform Code of Military Justice, Article 116, 10 USC § 916 , and assault consummated by a battery, in violation of Code, supra, Article 128, 10 USC § 928 .”
United States v. Dedert, 54 M.J. 904 (N.M.C.C.A. 2001). “The appellant’s offenses violated Articles 116, 128, and 134, Uniform Code of *906 Military Justice, 10 U.S.C. §§ 916 , 928, and 934. The approved sentence includes confinement for two years, forfeiture of all pay and allowances, reduction to pay grade E-1, and a dishonorable…”
Commonwealth v. Coleman, 854 A.2d 978 (Pa. Super. Ct. 2004). “C § 912a; riot or breach of peace, 10 U.S.C § 916; murder, 10 U.S.C § 918; manslaughter, 10 U.”
United States v. Rush, 51 M.J. 605 (A.C.C.A. 1999). “OPINION OF THE COURT NOVAK, Judge: A special court-martial composed of officer and enlisted members convicted the appellant, contrary to his pleas, of breach of the peace, aggravated assault (two specifications), and communicating a threat, in violation of Articles 116, 128, and…”
United States v. Stevens, 19 M.J. 284 (1985). “Pursuant to his pleas, appellant was convicted of two specifications of causing a breach of the peace, in violation of Article 116, Uniform Code of Military Justice, 10 U.S.C. § 916 . 1 We granted review ( 16 M.”
Catlow v. Cooksey, 21 C.M.A. 106 (1971). “Violations of Articles 116 and 126, respectively, Uniform Code of Military Justice, 10 USC §§916 and 926. The means by which his efforts were frustrated are not described.”
United States v. Davis, 10 C.M.A. 624 (1959). “As a result of their activities on that occasion, they were subsequently charged with a breach of the peace by wrongfully engaging in an affray in a public place, in violation of Article 116, Uniform Code of Military Justice, 10 USC § 916 , and, despite their pleas to the…”
United States v. Hewson, 13 C.M.A. 506 (1963). “” [ 10 USC § 916 , supra.] The legislative history of Code, supra, Article 116, indicates that as “a specific offense, ‘breach of the peace’ is a new offense in military justice .”
United States v. Wagner, 18 C.M.A. 216 (1969). “Some charges were dismissed on defense motion, and the court-martial found the accused not guilty of others, but he was convicted of causing and participating in a riot and of two separate assaults upon a Military Policeman in the execution of his office, in violation of…”
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